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(영문) 대구지방법원 2020.02.12 2019나301874

차용금 반환 청구의 소

Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

Basic Facts

From October 20, 2016 to June 20, 2018, the maintenance period of the Plaintiff is KRW 30 million, KRW 30 million, and KRW 1500,000 per month, and the member who presented the highest dividend shall be the subject of the successful bid (hereinafter referred to as the “instant successful bid”) operated by dividing the amount of dividends after receiving the successful bid and deducting the expenses and dividing the dividends to the members who failed to be awarded the successful bid. As to the total amount of 21 units of the instant successful bid, the Defendant is the subject of two old units [2 items (1) and (2) of the evidence No. 2-2 of the instant successful bid bid, and 2 items (1) and (2) of the previous unit].

From October 20, 2016 to July 20, 2017, the Defendant paid 1,500,000 won for each of the instant accounts: Provided, That in cases where dividends are paid in installments (at this time, the dividends that each of the fraternity receives), the Defendant settled the dividends by means of deducting the distribution dividends from the deposit amount of KRW 1,50,000 in lieu of receiving the distribution dividends.

Meanwhile, on April 20, 2017, the Defendant: (a) presented dividends of KRW 12,100,000,000 to the old account and received the award; (b) the amount actually received was KRW 12,10,000,000 from the above KRW 30,000,000,000; (c) KRW 1,50,000,000,000 in the old account; (d) KRW 1,50,000,000 in the old account; and (e) KRW 7,00,000,000 calculated dividends that the Defendant shall receive as the old account; and (e) the Plaintiff received KRW 8,00,000 from the Defendant on April 20, 2017; and (e) the Plaintiff asserted that the Plaintiff received KRW 9,178,50,00 in the previous account wage; and (e) the Plaintiff changed the amount into KRW 7,2017,00.7.

Dop, Gap No. 2-1.