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(영문) 대구지방법원 2017.09.21 2016나304858

대여금

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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

1. Basic facts

A. On August 2008, the Plaintiff was the head of the D Center and the project team of C Co., Ltd. (hereinafter “instant company”), which is a fund-raising company without permission, and the Defendant was the director of the E Center, which was newly established by separating Nonparty H, who is the lower part of the Plaintiff and his lower part from the Plaintiff around April 2008.

B. On August 27, 2008, the Plaintiff remitted KRW 94.2 million to the account under the name of the Defendant (hereinafter “the instant money”).

C. Since August 28, 2008, the Plaintiff prepared a loan certificate (No. 4; hereinafter “the loan certificate of this case”) with the Defendant on August 28, 2008 as follows, and affixed his seal on each side’s name.

I agree to borrow the above amount of KRW 100,000 (100,000) on August 28, 2008 and redeem 10 months (28 June 2009).

Interest: The plaintiff of the defendant guarantor, the borrower of August 28, 2008, in two copies per month (prepaid interest 2,000,000)

D. The Defendant received remittance of the instant money from the Plaintiff and invested KRW 94.6 million in the name of the Defendant in the instant company around August 28, 2008.

The Defendant remitted to the Plaintiff’s account KRW 20 million on September 29, 2008, and KRW 1 million on October 28, 2008 and October 29, 2008, respectively.

E. The company's operation method 1) If the company of this case attracts a total of KRW 450 million on the lower right and the lower right and the upper right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right and the right are exercised.

(1) Investment allowances shall be singing regardless of classes.