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(영문) 부산지방법원 2018.10.17 2018나2896

청구이의

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. Around September 2014, the Plaintiff entered into an investment agreement between the Plaintiff and the Defendant with respect to the insurance agency that the Plaintiff operates, if the Defendant invested KRW 5 million in the Plaintiff (hereinafter “instant investment”) with respect to the insurance agency that the Plaintiff operated, the Plaintiff agreed to pay the Defendant a profit of KRW 9.6 million in addition to the amount of KRW 5 million invested principal (one year in each month), in addition to the amount of KRW 5 million invested principal.

B. On September 17, 2014, the Plaintiff and the Defendant agreed to borrow 1,4.6 million won in total of the investment principal and profits under a monetary investment agreement, such as the foregoing paragraph (a) (i.e., KRW 5 million of the investment principal (i.e., KRW 9.6 million of the investment principal) from the Plaintiff’s prior payment to the Defendant, setting the remainder of KRW 1,3.6 million after deducting the Plaintiff’s prior payment from the Defendant at KRW 1,000,000 of the investment principal (i.e., KRW 5., KRW 9.6 million of the investment principal) as KRW 20% per annum without any interest agreement. The Plaintiff agreed to borrow from the Defendant at KRW 20% per annum without any interest agreement, with the content that the Plaintiff is aware of the compulsory execution. The Plaintiff drafted an authentic deed of a monetary loan agreement (No. 1180, 2014, hereinafter “notarial deed”).

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. Summary of the parties' arguments;

(a) An amount of 0.300 1.40 20.40 20.40 20.40 20.40 20.40 16.40 20,00 40 4.40 40,00 46. 16. 40 00 6.40 6. 20 6. 30,000 6. 8 10. 40 6. 40 6. 20 10. 40 6. 20. 40 6. 20 10. 40 6. 40 6. 8 10. 200 7. 16, 200 8. 16. 30, 200 8. 200 8, 200 8. 30, 2014