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(영문) 대전지방법원 2017.02.09 2015나108510
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

Basic Facts

The relationship between the parties, etc. and D and the Defendants are legally married with each other, and the Plaintiff is a female of Defendant B.

Defendant B, around May 2009, agreed to make an investment in the business that gains profits by purchasing 300 pine trees of the I clanmsan in the J of Gosung-gun of Gangwon-do and selling them (hereinafter “instant business”).

Around October 2009, Defendant B requested the Plaintiff and D to offer funds used for the instant business, stating that “The Plaintiff may obtain a large amount of profit from selling pine trees in the I clan, but at the same time only if the remainder is paid. However, if the balance falls short of the purchase funds, Defendant B demanded a loan of funds by selling pine trees for three months after the remainder.” At that time, Defendant C also demanded the Plaintiff to re-let the funds for the instant business with the aforementioned purport.

D around November 3, 2009, around November 3, 2009, visited the instant project site with Defendant B and E, and confirmed that pine trees are planted, and the Plaintiff and D decided to lend funds for the said project to Defendant B through the name of the Plaintiff and D.

On the other hand, on November 4, 2009, Defendant C transferred KRW 10,000,000 to the account in the name of E at the request of Defendant B, which lent funds for the instant business.

On November 6, 2009, the Plaintiff remitted KRW 5,000,000 to the account in the name of D, and D again transferred the said money to E in the name of E on the same day.

In addition, on November 12, 2009, the Plaintiff provided F apartment Nos. 406, 1203 (hereinafter “instant real estate”) to the Bank of Korea (hereinafter “Korea Bank”) and received a loan from the Plaintiff on the same day.

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