(영문) 수원지방법원 2015.12.24 2014가합71364

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(영문) 수원지방법원 2015.12.24 2014가합71364

대여금

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1. The defendant shall pay 242,50,000 won to the plaintiff and 30% per annum from December 1, 2007 to the day of complete payment.

Reasons

1. Facts of recognition;

A. On November 8, 2005, the Plaintiff filed a complaint against the Defendant on charges of fraud, around 2011, as the Plaintiff leased KRW 242.5 million to the Defendant on condition that he/she received the interest of KRW 5,000 per month.

B. After the Seoul Central District Court deliberated the above case as 201Gohap7845, it sentenced the following decisions to the two-year imprisonment with prison labor on September 25, 2012. Accordingly, when the defendant appealed as 201No3386 on the grounds of unfair sentencing, the above court sentenced the defendant to the two-year imprisonment with prison labor on February 7, 2013, and sentenced the defendant to the two-year imprisonment with prison labor on the same criminal facts, and the above judgment became final and conclusive as the dismissal of the Supreme Court.

During the operation of the branch of the Plaintiff, the Plaintiff needed funds to purchase clothes from the importing company while operating the branch of the Plaintiff, C and the clothes.

Therefore, C was found to be able to prepare money by means of discounting promissory notes with a face value of 300 million won owned by the defendant, after finding the defendant.

Then, the Defendant sent a telephone to the Plaintiff on July 2005, and made money by lending KRW 300 million to him as a collateral, because the promissory note which reduces the face value of 300 million to him. He, however, borrowed KRW 300 million from him to him, and borrowed KRW 50 million again from him to him, and the due date for payment will be three months later as he wishes. C would lend KRW 100 million to him. It would be a false statement to the effect that it would refund KRW 300 million to him without any molding it.”

However, the defendant did not have the intent or ability to pay taxes even if he borrowed money from the plaintiff because the amount of taxes in arrears and the amount of individual debts was equivalent to one billion won at the time, and the financial status of D, which is the life-sustaining company operated by the defendant, was not good.

The defendant shall belong to the plaintiff on November 8, 2005, and "30 million won" until November 26, 2005.

유사 판례

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