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(영문) 의정부지방법원 2015.10.07 2014가합54301
대여금
Text

1. The plaintiff's primary and conjunctive claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the Plaintiff.

Reasons

1. Basic facts

A. On September 2010, the Plaintiff entered into an agreement with Defendant B to pay the Plaintiff the principal and the amount calculated by adding the 10% interest per month to the Plaintiff (hereinafter “instant agreement”) by the repayment date.

B. In accordance with the instant agreement, the Plaintiff transferred KRW 160,050,000, in total, from September 15, 2010 to June 10, 2014, to the Agricultural Cooperative Account under the name of Defendant C (Account Number: D) for the period from September 15, 2010 to June 10, 2014, as stated in the attached Table 1 to the calculation table of appropriation for payment of the Plaintiff’s debt, and during the said period, the Plaintiff transferred KRW 316,215,00,000, in total, from the account under the name of the Plaintiff, the Plaintiff’s

C. On September 15, 2010, Defendant B issued promissory notes on February 15, 201 with face value 7,000,000, and with a notarial deed as of February 15, 2010, on May 25, 2011, with a promissory note as of January 25, 201, with a face value 10,000,000,000, and with a face value 5,00,000,000, and 20.3.0,01.3,00,00,000, 20.3,00,00,00,000, 20.3,00,00,000,000,000,000,000,000,000 won, respectively, on July 13, 2011;

[Ground of recognition] A without dispute, Gap evidence Nos. 1 through 3, 8, Eul evidence Nos. 1 and 3 (including branch numbers; hereinafter the same shall apply), the court's order to submit financial transaction information to the Nonghyup Bank and the results of its reply, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion (1) The Plaintiff’s primary claim is that when the Defendants and the Plaintiff make an investment to the Defendants, the Defendants should pay the Plaintiff profits accrued from engaging in a loan business with the amount invested by the Plaintiff.

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