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(영문) 대구지방법원서부지원 2014.10.15 2013가단22878

대여금

Text

1. The Defendant’s KRW 70,000,000 as well as 5% per annum from June 21, 2013 to October 15, 2014 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On February 2012, the Plaintiff became aware of C by introducing the Defendant at the latest.

C and the Defendant remitted each amount of KRW 30 million to D so that they make a stock investment. They paid a certain amount of profit to D, which they want to make an investment to D.

B. On January 7, 2013, the Plaintiff sent KRW 70 million to D as a share investment bond, at the location of the Defendant, sent the passbook and seal in the name of E to C and notified the password.

The Defendant, along with C, visited the above Won Credit Union to transfer from the above E’s account to the F’s account used by D by withdrawing KRW 60 million from the said E’s account to the check, and the KRW 10 million was not deposited in cash and remitted to the said F’s account. However, since C and the Defendant already invested in D, it is equivalent to the amount that was invested by C and the Defendant, the Plaintiff deemed to have invested KRW 10 million among them.

C. The Plaintiff suffered a total of KRW 70 million, which is deemed to have invested in D, and the Plaintiff entered the Defendant and C as the Plaintiff’s office on May 21, 2013, and the Defendant and C prepared and delivered a loan certificate to the Plaintiff.

The content of each loan certificate written by the Defendant and C is to confirm May 21, 2013, since it borrowed KRW 100,000,000, the repayment will be made by June 20, 2013.

(hereinafter the Defendant’s above loan certificate as the borrower (hereinafter “this case’s loan certificate”). C The loan certificate as the borrower is calculated as KRW 100 million including the principal amount of KRW 70,000,000,000.

[Ground of recognition] Facts without dispute, Gap 1, 2 and Eul 1 through 3, witness C's testimony and the purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts of determination as to the ground of claim 1 on the part of KRW 70 million among the Plaintiff’s claims, it is deemed that at least the Plaintiff invested in D.