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(영문) 서울중앙지방법원 2015.04.06 2014가단170709

대여금반환

Text

1. The Defendant shall pay to the Plaintiff KRW 30,00,000 and the interest rate of KRW 20% per annum from May 9, 2014 to the date of full payment.

Reasons

1. Facts of recognition;

A. The Plaintiff completed the “C Education Center D highest expert course” operated by the Defendant, and joined the “E” organized by the Defendant for the students who completed the said course.

F clubs, G clubs, etc. organized by the Defendant for the students who completed the above course, all of which include the provision on the return of principal when they withdraw from the operating rules.

B. The Defendant recruited investors for non-performing loans through the above investment clubs, and the Plaintiff paid KRW 30 million to the Defendant on November 28, 2013 with the amount of investment for the loans on collateral security for non-performing loans on a golf course.

However, as to the above KRW 30 million with the Defendant, the Plaintiff prepared an investment agreement with respect to the said KRW 30 million, and thereafter discarded it. As of November 29, 2013, the Plaintiff drafted a contract on partial acquisition of the claim (Evidence 2) with the content that the Defendant’s transfer of part of the collateral security claims of the door-to-door golf course that the Defendant transferred to the Plaintiff from a financial institution to the Plaintiff at KRW 30 million, but continues to complete the auction procedure as soon as possible by continuing to collect the above claim, and the Plaintiff shall pay the transfer price and the dividend amount to the Plaintiff after the distribution, and if delayed, it shall pay the overdue interest of

C. Similar to the Plaintiff, some of the investors who completed the above education institute and joined the investment club organized by the Defendant and invested in non-performing loans are still keeping an investment agreement. In doing so, the said investment fund is expressed as “loan,” “loan,” and is clearly stated in the lending period and interest rate.

[Reasons for Recognition] Facts without dispute, Gap evidence 2, Gap evidence 4, and 6 evidence 1, 2, Gap evidence 7, Gap evidence 8-1, 2, 3, Gap evidence 9, Eul evidence 1, 2, and 3, and the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion that the Defendant, upon lending money, guaranteed the interest profit of 3% per month by investing in the right to collateral collateral on a golf course, and the principal would be returned at any time before the month. < Amended by Presidential Decree No. 24880, Nov. 3, 2013>