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(영문) 청주지방법원 2020.07.24 2019가단32149

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. Defendant B loaned each of the Plaintiff KRW 40 million on November 29, 2012, and KRW 10 million on February 15, 2013.

B. On February 1, 2013, the Plaintiff registered the business under the name of “F” in the name of “F” on the first floor of the building on the land of the land of the Cheongju-si and the first floor of the Cheongju-si, and run a wholesale lease wholesale and retail business (hereinafter “instant text brokerage business”).

On October 16, 2013, the Plaintiff and Defendant B invested KRW 150 million, including loan claims of KRW 50 million in the instant text service, in the instant text service business. The Plaintiff paid to Defendant B KRW 150 million on a monthly basis from November 2013 to January 2015, and separately agreed to divide profits from the instant text service into 15 months.

C. Around March 6, 2014, Defendant B decided to withdraw from the instant text service.

G decided to operate the instant text service with the Plaintiff and the instant text service instead of Defendant B, and paid to Defendant B the amount of KRW 100 million invested.

As a result, G paid KRW 50 million to Defendant B on March 6, 2014, and the remainder of KRW 50 million, G and G’s mother H with respect to the remainder of KRW 50 million, and the Plaintiff jointly and severally agreed to pay KRW 50 million to Defendant C, who is his father’s father, by May 6, 2014, a notary public’s I office certificate of the Cheongju District Public Prosecutor’s Office, which belongs to the Cheongju Public Prosecutor’s Office, prepared and issued a notarial deed of debt repayment (quasi-loan) agreement, No. 221, 2014.

G paid 20 million won among the remainder of 50 million won on June 2, 2014 to Defendant B, and the Plaintiff, G, and Defendant B paid the remainder of 30 million won in the future installments.

E. Around September 2014, Defendant B filed a complaint with an investigative agency stating that “the Plaintiff, by deceiving Defendant B, obtained KRW 40 million on November 29, 2012, KRW 50 million on February 8, 2013, KRW 150 million on February 15, 2013, KRW 300,000 on April 18, 2013, KRW 76.5 million on July 10, 2014.”

Since then, from November 29, 2012 to July 10, 2014, the Plaintiff is KRW 85 million from Defendant B through six times.