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(영문) 부산지방법원 동부지원 2021.03.24 2020가단202175

대여금

Text

The defendant shall pay to the plaintiff KRW 67,600,923 and KRW 55,834,923 each year from August 1, 2019 to the date of full payment.

Reasons

1. Basic facts

A. On February 2, 2018, the Defendant is running a gold-related business to the Plaintiff who made a job offering, and there is dispute as to whether the nature of the instant money invested is an investment and whether it is a loan. As examined below, in the basic facts, the Defendant cited the terms used by the parties on convenience as they are, and entered in the basic facts.

If there is a problem, 5% per month would be reduced, and when there is a problem, the principal would be responsible for the defendant.

B. Accordingly, the Plaintiff remitted to the Defendant KRW 70,000,000 on June 12, 2018, KRW 20,000,00 on June 14, 2018, KRW 10,000 on October 1, 2018, KRW 15,000,000 on October 2, 2018, and KRW 70,000 on March 15, 2019.

(c)

The Defendant paid KRW 625,00 on June 30, 2018, KRW 1,250 on July 30, 2018, KRW 1,250,00 on August 30, 2018, KRW 1,250,00 on September 30, 2018, KRW 1,250,00 on September 30, 2018, KRW 1,875,000 on October 30, 200, KRW 30,500 on May 30, 2018, KRW 30,000, KRW 00 on May 30, 200, KRW 200 on December 30, 205, KRW 300 on May 30, 200, KRW 500 on December 30, 2018, KRW 200 on KRW 250,00 on January 30, 2019.

(d)

On the other hand, the defendant, around November 2018, proposed that the plaintiff will return the principal within one month and pay 20% profits within 2,3 months when he/she made an investment with the intent to operate the business related to the earthquake-proof design in the school.

E. Accordingly, on December 12, 2018, the Plaintiff transferred KRW 3,500,000 to the Defendant at the initial cost of the business, and KRW 2,500,000 related to the earthquake-proof design construction work at Busan Elementary School on December 18, 2018, KRW 1,500,000 related to the earthquake-proof design construction work at the Kim Sea D Middle School on January 4, 2019, and KRW 3,600,000 related to the earthquake-proof design construction at the Busan High School on February 19, 2019.

[Ground for Recognition: Unsatisfy, Entry of Evidence A Nos. 1 through 3, Purport of the whole pleadings]

2. The assertion and judgment

A. (1) The plaintiff's main assertion is the plaintiff's investment in the gold-related business of the defendant 70,000.