logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원통영지원 2016.01.22 2014가단4872
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The plaintiff's assertion that the defendant, together with C, recruited investors in the name of "D", while running the lending business for foreign parties. The defendant is obligated to pay the plaintiff a loan of KRW 56.4 million and delay damages for the loan of KRW 5,40,000,000,000,000 to four times from June 15, 2011 to August 1, 2011, and the defendant extended a loan of KRW 5,64,000 to 6.4 million on May 31, 2012, including the loan of KRW 5,64 million and delay damages for the loan of the plaintiff. Even if the loan of KRW 56,40,00 from June 15, 201 to August 1, 2011, the defendant is obligated to jointly pay the loan of KRW 5,540,000 and delay damages for the loan of the plaintiff.

2. Determination

A. According to each of the evidence evidence Nos. 2- 5, the plaintiff paid KRW 56.4 million to the defendant, although it is recognized that the plaintiff deposited KRW 56.4 million to the defendant. In addition to the whole purport of the pleadings in each of the evidence Nos. 1- 3, the evidence submitted by the plaintiff is insufficient to acknowledge that the plaintiff was a loan, and there is no other reason to acknowledge that the above KRW 56.4 million was a loan, and there is no other evidence to acknowledge it. Thus, this part of the plaintiff's assertion is without merit.

B. We examine whether a joint tort was committed due to the act of fund-raising without permission, and C received funds from the Plaintiff in relation to the above company.

The plaintiff did not have any evidence to view that the defendant participated in the business of fund-raising business without permission from C.

arrow