(영문) 수원지방법원 2020.07.10 2019나91497

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Reasons

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글꼴

크기(pt)

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줄 간격

자간(%)

(영문) 수원지방법원 2020.07.10 2019나91497

대여금

Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

judgment of the first instance.

Reasons

1. The ground for appeal by the plaintiff citing the judgment of the court of first instance is not significantly different from the argument of the court of first instance, and the fact-finding and decision of the court of first instance are justified even if each evidence submitted to the court of first instance was presented to this court.

Therefore, the reasoning of this court's judgment is identical to the reasoning of the judgment of the court of first instance except for the portion added as follows 2.1. Thus, it is citing it as it is in accordance with the main sentence of Article 420

2.In addition, the following shall be added between the fourth and fifth of the judgment of the first instance:

According to the letter of agreement (No. 5) drawn up by the C, the Defendant, and F on November 23, 2017, the amount of each of the investments is specified as KRW 60,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,0000,000,000,000 won.

As alleged by the Plaintiff, if the Defendant borrowed “150 million won” from the Plaintiff on September 6, 2017 through consultation with C and the Defendant on September 6, 2017 (the name of the Defendant’s investment funds to D), it would have been assumed that it entered in a profit distribution agreement with respect to investment funds (the total amount of KRW 210 million), including the said money, at the time of the preparation of the written agreement. C’s investment ratio of KRW 60 million to D claimed by C (the additional investment is KRW 150 million from the Plaintiff at KRW 60 million (the amount of KRW 60 million): Defendant 210 million (the amount of KRW 60 million) and KRW 150 million from the Plaintiff: F 27:7); considering that there is no dispute over the entire shares of KRW 600,00 as of September 2018 (the total amount of KRW 400,000) with Defendant C130,300 (the circumstances and circumstances of each of the Defendant C1300).

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3. The plaintiff's claim for conclusion shall be dismissed as it is without merit, and the judgment of the court of first instance is just in its conclusion, and it is so decided as per Disposition by the plaintiff.

참조조문

-민사소송법 제420조

유사 판례

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-대구지방법원 2016.11.08 2016가단10541

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