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Reasons
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(영문) 대전지방법원 2019.08.27 2018나117126
대여금
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1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The Plaintiff, the Defendant, and C (Defendant’s wife) agreed to establish a legal entity by gathering capital of KRW 50 million in order to conduct the business.

On January 11, 2018, the Plaintiff’s bank account (unit: KRW 50) stated in the Plaintiff’s passbook on January 11, 2018: C 30 D Bank on January 14, 2018; C 109 D Bank 4, February 13, 2018; C 500 E on February 13, 2018; C 500 business start-up Bank 6, February 24, 2018; Defendant 1,000 B 7, March 29, 2018; 30 D Bank 50 Eb 80 Eb 209, March 29, 2018;

B. The Plaintiff transferred money to the Defendant and C’s account as indicated below.

C. Around March 30, 2018, an agreement was reached between the Plaintiff, Defendant, and C to suspend or postpone the establishment of the above legal entity, and the Plaintiff demanded the Defendant couple to return the Plaintiff’s contribution paid by the Plaintiff to establish the legal entity.

Meanwhile, on April 2, 2018, C received KRW 51 million from the F attorney-at-law, who was in charge of the investment for the establishment of a legal entity, and remitted KRW 20 million to the Plaintiff on April 3, 2018.

[Reasons for Recognition] Facts without dispute, Gap 1, 4, 5, 6, 7 evidence, Eul 2, the purport of the whole pleadings

2. The allegations of the parties and determination

A. The summary of the Plaintiff’s argument 1) The gist of the Plaintiff’s argument is as follows: (a) the Plaintiff transferred the Defendant’s account as an investment for the establishment of a corporation the sum of KRW 15 million (No. 6, 200,000,000 to the Defendant’s account on February 24, 2018; (b) and (c) March 29, 2018, KRW 15,000,000 (No. 9,000). Since the incorporation of a corporation was nonexistent, the Defendant shall return KRW 15,00,00 to the Plaintiff; (b) on April 3, 2018, the Defendant had already returned the amount of KRW 20,000 to the Plaintiff, but this was settled by agreement that the Plaintiff returned to C over several occasions or paid cash, and thus, C was merely returned (the Plaintiff’s return of KRW 20,000,000).

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