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(영문) 창원지방법원 통영지원 2018.10.10 2017가단26910

대여금

Text

1. The defendant shall pay 34,400,000 won to the plaintiff as well as 15% per annum from January 24, 2018 to the day of complete payment.

Reasons

1. The Plaintiff transferred totaling KRW 71 million to the Defendant’s account from February 28, 2017 to July 4, 2017. The Defendant returned totaling KRW 36.6 million to the Plaintiff from March 6, 2017 to December 7, 2017.

[Attachment 34.4 million won (i.e., KRW 71 million - KRW 36.6 million)]

2. As to the nature of the instant money, the Plaintiff asserts that the said money was leased to the Defendant, and the Defendant asserts that the money invested in C.

In addition to the purport of each statement in Eul's evidence Nos. 3 through 11 (including each number), the plaintiff listens to the purport that the defendant would make profits if investing in the business of purchasing and selling teaching materials for elementary school students of the defendant, and the defendant paid money to the defendant, ② the defendant paid the money received from the plaintiff to C, ③ the fact that the defendant did not want to make a direct transaction, ③ the defendant received an investment fund from others or paid a profit through the defendant, ④ the defendant was not directly aware of C, but the defendant was not aware of the fact that he received a stable profit for several years, and the defendant paid the money to the defendant.

Meanwhile, in addition to the respective statements in subparagraph 1-7 and No. 16 (including additional numbers), the Plaintiff may each recognize the fact that the Plaintiff directly remitted KRW 1,500,000 to C’s account on June 2, 2017, and the fact that the Defendant received a decision that there was no suspicion of the fraud that he/she acquired the instant money on or around July 30, 2018.

According to the above facts of recognition, C received investment funds only through the defendant and paid profits.

The plaintiff as well as the plaintiff.