(영문) 인천지방법원부천지원 2019.11.28 2019가단8780

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(영문) 인천지방법원부천지원 2019.11.28 2019가단8780

대여금

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1. The Defendant shall pay to the Plaintiff KRW 65 million with 12% per annum from July 17, 2019 to the day of complete payment.

Reasons

1. Facts of recognition;

A. Upon the Defendant’s request to invest in medical tourism business, the Plaintiff paid KRW 40 million to each Defendant on July 11, 2018, and KRW 25 million on August 15, 2018.

B. Article 5(5) of the Medical Tourism Proposal (No. 3) presented by the Defendant to the Plaintiff on July 4, 2018 states that if the Plaintiff invests in KRW 65 million, 30% of the profit shall be distributed, and the Defendant shall guarantee the said KRW 65 million.

(1) Amount: He confirms that the sum of KRW 40 million on July 11, 2018, and KRW 65 million on August 15, 2018, 2000,000 from the obligee, the Defendant borrowed from the obligee the sum of KRW 65 million from the obligee.

(2) The date of principal repayment: The repayment shall be made to the Plaintiff by January 15, 2019.

If the debtor fails to repay, he/she shall be exempted from civil or criminal liability.

Obligor B: Plaintiff A:

C. The Defendant issued to the Plaintiff a certificate of borrowing KRW 65 million (Evidence A2) with the effect that the Defendant borrowed KRW 65 million as follows.

【Ground of recognition】 The fact that there has been no dispute, Gap Nos. 1, 2, 3, and Eul No. 11, the purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts of determination as to the cause of the claim, it is reasonable to view that the defendant borrowed 65 million won from the plaintiff in connection with the medical tourism business and agreed to pay it. Thus, the defendant is obligated to pay the loan or agreed amount of 65 million won to the plaintiff, unless there are special circumstances.

B. As to the judgment on the Defendant’s assertion, the Defendant did not lend KRW 65 million to the Plaintiff, but invested in the medical tourism business, and the Plaintiff actually participated in the progress of the business. As a result, the Plaintiff asserted that it was a loan by changing the position of not raising the expected performance of the business, and forced the Defendant to pay the loan.

However, according to the defendant's proposal, the plaintiff is a motive for investment in relation to or in relation to medical tourism business.

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