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Reasons
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(영문) 대구지방법원서부지원 2020.06.17 2017가단61925
대여금
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1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. A. Around February 2016, the Plaintiff received a proposal from the Defendant, the actual operator of a civil construction company that he works for the Plaintiff, that “A son operates a restaurant with a commercial building leased from D, and if he/she invests KRW 100,000,000,000 each month, he/she may receive interest of KRW 1,50,000 each month, and may return the principal after receiving a refund of the shop premium within one year, and (b) shall deliver the full amount of KRW 100,000 to C around March 2, 2016, the Plaintiff paid KRW 80,000,000 to the Defendant as a check on March 18, 2016, and exempted the Defendant from receiving KRW 2,00,000,000 paid by the Defendant.”

As above, the Defendant used KRW 40,000,000, out of the money received as a check for personal purposes, and delivered the remainder to C.

B. The Plaintiff received a total of KRW 18,000,000 from the Defendant from March 31, 2016 to April 10, 2017, under the pretext of interest on KRW 100,000.

C. From April 2017, the Plaintiff demanded the Defendant to return the said KRW 100,000,000, and on July 27, 2017, the Plaintiff demanded the Defendant to return the said KRW C with the Defendant.

On August 28, 2017, C prepared a loan certificate stating that “1,00,000,000 won borrowed from the Plaintiff shall be paid as KRW 16,70,000 each on the last day of each month from September 2017 to January 2018, and shall be repaid in installments by means of payment of KRW 16,50,000 until the last day of February 2018, and a notarial deed of a monetary loan agreement with the same content shall be drawn up and issued to the Plaintiff.”

Since April 10, 2017, the Plaintiff filed the instant lawsuit with the Defendant to seek payment of KRW 100,000,000 and damages for delay therefrom jointly and severally against the Defendant and C on December 13, 2017, and filed a criminal complaint against the Defendant around that time.

E. The defendant is "C" from the plaintiff.

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