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(영문) 인천지방법원 2013.05.27 2013가단16144

대여금

Text

1. The Defendant shall pay to the Plaintiff KRW 33,51,940 as well as KRW 31,389,49,492 as to the Plaintiff. From June 10, 2008 to May 27, 2013.

Reasons

1. Basic facts

A. The plaintiff, around April 16, 2004, was deceiving the defendant as if he could be sold in commercial buildings at the New World Department Store, which was being newly constructed in the Young-si Area from the defendant around the same year, and five million won on the same day to the defendant.

5.4.Around July 15, 2004, a total of 5.5 million won had been lent on July 15, 2004

B. The defendant shall be KRW 900,000,000 on August 11, 2005, KRW 200,000 on February 9, 2006, KRW 7 million on early May 1 of the same year, and the same year.

5. 15.30,000 won, and the same year.

6. 23.20,000 won, and the same year;

7. 250,000 won, and the same year.

8. 110,00 won, and the same year.

9. 28. 200,000 won, October 7, 10.1 of the same year, October 27, 2000 won, November 15 of the same year, and KRW 100,000,000 won, on November 22, 2000,000 won, on February 16, 2007, and the same year;

4. 2.1 million won, and the same year;

5. 28.490,000 won, and the same year.

6. On 26.5 million won, each of them paid to the Plaintiff.

C. The plaintiff filed a complaint against the defendant as a crime of fraud because the defendant did not fully repay the above loans, and even if the defendant received money from the plaintiff, the defendant did not have the intent or ability to receive the sales of the new world department store's commercial buildings, the plaintiff made a false statement that "to receive the sales of commercial buildings without a mold if he/she invests money due to a friendly relationship with the new director of the new world department store," and that he/she received the above 5 million won from the plaintiff and acquired it by transfer from the plaintiff, which became final and conclusive around that time.

On June 9, 2008, the plaintiff was under way to receive 13 million won from the defendant's punishment and received 13 million won as a settlement of agreement.

[Reasons for Recognition] A without dispute, Gap evidence 1 to 2-2, Gap evidence 6-2, Eul evidence 2, the purport of the whole pleadings

2. Determination

A. Determination as to the claim for a loan of 42 million won is made (1) The plaintiff alleged by the party concerned lent 5 million won to the defendant and received 13 million won as the agreed amount among them. Thus, the remaining loans are extended against the defendant.