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(영문) 부산지방법원 2019.04.25 2017가단331756
대여금
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The plaintiff's assertion

A. On December 30, 2015 and December 31, 2015, the Plaintiff agreed to lend the Defendants KRW 100,000,000 to receive KRW 190,000,000 in total over several months.

The Defendants paid only KRW 86,000,000.

Therefore, the Defendants are jointly and severally obligated to pay to the Plaintiff the remainder of KRW 14,000,000,000, which remains after deducting the repayment from the leased principal of KRW 100,000.

B. On August 31, 2016, the Plaintiff agreed to lend 200,000,000 won to the Defendants on the first month to the Defendants, 10% of the loan on the second month, 15% of the loan on the second month, 15% of the loan on the third month, 10% of the loan on the third month, and 10% of the loan on the fourth month, and to receive the loan on the fifth month.

The Defendants paid only KRW 20,000,000.

Therefore, the Defendants are jointly and severally obligated to pay to the Plaintiff the remainder of KRW 180,000,000,000, which remains after deducting the repayment from the leased principal of KRW 200,000.

C. Even if each of the above money is not a loan, the Defendants are liable as follows.

1) The Defendants agreed to the effect that each of the above money should be liable to the Plaintiff at the time of the formation of the contract, and thus, they are obligated to pay the money as stated in the purport of the claim in accordance with the agreement. (2) The money mentioned in the above paragraph (b) is investments in D’s business, and the money mentioned in the above paragraph (b) is investments in E’s business. Each of the above investments was made through the act of fund-raising without permission, and the Defendants actively participated in the act of fund

Therefore, the defendants are liable to pay the same amount as the claim stated in the tort compensation.

2. Upon examining all evidence submitted by the Plaintiff, namely, evidence Nos. 1 through 5, and witness F’s testimony, the Plaintiff lent each of the above money to the Defendants.

(2) The Defendants agreed to pay each of the above amounts to the Plaintiff.

The plaintiff's assertion that the defendants actively participated in the act of receiving the same kind of money as claimed by the plaintiff.

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