(영문) 서울중앙지방법원 2019.01.17 2017가단5210740

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(영문) 서울중앙지방법원 2019.01.17 2017가단5210740

대여금

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On September 4, 2012, C and the Defendant entered into an investment contract under which C and C receive a total of KRW 40 million from the Defendant in order to import clothing (humconium) and sell it domestically. Accordingly, C and C shall pay the principal amount of the investment to the Defendant until December 31, 2012, and the remainder of KRW 40 million to the Defendant until January 15, 2013 (hereinafter “instant investment contract”).

B. On September 4, 2012, the Plaintiff deposited KRW 30 million in total into the Defendant’s mother-friendly D’s deposit account, as ordered by the Defendant, to pay part of the investment amount stipulated in the instant investment contract via the Defendant, and the Defendant returned KRW 30 million to C by account transfer.

C. On September 10, 2012, in order to secure the right to KRW 30 million from the Defendant, the Plaintiff entered into a bond transfer contract with the purport that “The Defendant transferred all other rights except for KRW 10 million in the instant investment contract to the Plaintiff, and the Plaintiff acquires all other rights except for KRW 10 million in the Defendant’s shares as stipulated in the instant investment contract (hereinafter “instant bond transfer contract”).

【Ground of recognition】 The fact that there has been no dispute, entry of Gap 1 through 4, the purport of whole pleadings

2. The plaintiff's assertion and judgment

A. The gist of the Plaintiff’s assertion was that the Defendant entered into the instant investment contract with C and requested the Plaintiff to lend KRW 30 million to the Plaintiff. Accordingly, the Plaintiff leased the Plaintiff by setting the due date as December 31, 2012 and transferring KRW 30 million to the Defendant. As such, the Defendant is obliged to pay the Plaintiff the above loan amounting to KRW 30 million and delay damages after January 1, 2013, which is the day following the due date for payment.

B. As to whether the Plaintiff lent KRW 30 million to the Defendant as alleged above, the Health Unit and 1.1.

유사 판례

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