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(영문) 광주지방법원 순천지원 2017.01.26 2015가합1339

대여금

Text

1. Defendant B’s KRW 167,471,311 as well as the Plaintiff’s annual rate from August 30, 2016 to January 26, 2017.

Reasons

1. Basic facts

A. Defendant B, while borrowing money from the Plaintiff several occasions, arranged the details of the existing loan and prepared two borrowed certificates to the Plaintiff (hereinafter “the instant borrowed certificates”). The main contents of the borrowed certificates are as follows.

On December 30, 2013, the date of repayment on December 30, 2013, the loan was borrowed in full at the rate of KRW 64,00,000 (64,00,00) and the date of repayment on December 30, 2013, D’s guarantor C (A’s amount was borrowed by B) at the time of loan loan No. 146,00,000 won (14,000,000) with the loan certificate, and on December 30, 2013, the above guarantor C (A’s amount was borrowed by B) at the time of loan No. 146,000,000 (14,000,000) with the loan certificate No. 146,000,000,0000,0000,0000,000,0000,000).

B. The Plaintiff filed a complaint against Defendant B as a crime of fraud because it was not repaid the money borrowed to Defendant B. Defendant B was indicted as a charge of the charge that “the Plaintiff received the same money as the list of crimes (hereinafter referred to as “crime list”) under the pretext of borrowing money under the name of the Plaintiff in spite of no intention or ability to repay, and acquired it by fraud,” under the Seoul Northern District Court Decision 2016Da672. The above court convicted the Defendant B of all the charges on September 8, 2016, and sentenced the Defendant B to one year and six months.

On November 23, 2012, the amount obtained by deception of a temporary place of deception shall be borrowed 80,000,000,000 as the loan for the acquisition of the E restaurant on January 4, 2013 as the expenses for the director of the husband of the E-based singing practice room on the loan on January 4, 2013; and on March 25, 2013, 50,000,000 on April 36, 200, 200 as the loan for the acquisition of the E restaurant; and on March 25, 2013, 10,000,006 on April 10, 200; 14,000,000 as the loan for the operation of the singing practice room on July 1, 2013; 19,0000,0000,0000 for the loan for singing on August 26, 2013;

C. Defendant B appealed against the above judgment of the first instance court as Seoul Northern District Court 2016No1887, and the appellate court rendered an appeal on December 5, 2016, 4,5, out of the list of crimes.