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1. Of the judgment of the court of first instance, the part concerning Defendant B, which orders payment under the following, shall be revoked.
Reasons
1. Basic facts
A. On July 17, 2011, the Plaintiff: (a) lent KRW 20 million to Defendant B, who operated a business of operating D and gas sales business, which was known to it; (b) on July 17, 2015, at the maturity of payment, at 30% per annum; and (c) on July 17, 2011, Defendant B drafted a notarial deed of a monetary loan for consumption with the purport that there is no objection even if it was immediately subject to compulsory execution.
B. On September 30, 201, Defendant B registered the wholesale and retail sales business registration for LPG, high-pressure gas, etc. with the trade name as “Egas” in the Leecheon Tax Office, and registered the name of the business operator in the name of Defendant C who had his own domicile.
C. On October 4, 201, Defendant B solicited the Plaintiff who was interested in the usual gas sales business to invest KRW 16 million with the business fund. The Plaintiff accepted this and entered into a club business agreement on the said Egas. The Plaintiff, on July 17, 201, converted the loan to the investment fund, and thereafter, paid KRW 1 million on May 18, 201 with the operating expense or investment fund of Egas, KRW 3 million on June 4, 2012, KRW 16 million on July 16, 201, and KRW 70 million on July 19, 201 with the Defendant’s credit card.
“Defendant B transferred all Egas business licenses to H in total amount of KRW 95 million, received the transfer proceeds from G’s account to KRW 45 million, Defendant C’s account to KRW 10 million, Defendant B’s account in the name of Defendant B, and settled accounts with KRW 19 million equivalent to the Plaintiff’s share ratio, and embezzled the difference of KRW 13 million by providing only KRW 6 million to the Plaintiff,” as a criminal fact, the Suwon District Court issued a summary order of KRW 13 million from the branch court of the Suwon District Court (No. 3585) to December 13, 2013. The summary order became final and conclusive at that time.
[Reasons for Recognition] Unstrifed Facts, including Gap evidence 1, 3, and 4, below.