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(영문) 대전지방법원 2017.10.12 2016가단32732
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On July 31, 2007, the Defendant prepared a loan certificate (hereinafter “the loan certificate of this case”) with the loan amount of KRW 50,000,000, interest rate of KRW 3%, the obligor, the Defendant, and the Plaintiff as the obligee, and ordered the Plaintiff.

(2) The amount of KRW 10,00,000 on November 10, 2007:

B. The Defendant paid the Plaintiff the sum of KRW 70,800,000 as follows.

[Ground for recognition] Unsatisfy

2. The assertion and judgment

A. The parties’ assertion (1) Defendant paid to the Plaintiff the sum of KRW 70,800,000 from November 10, 2007 to June 12, 2009, and repaid all the obligations under the loan certificate.

(2) 원고 원고는 피고의 부탁에 따라 C휴게소 스낵코너를 운영하는 D에게 돈을 빌려 주고 그 대여금의 상환으로 2007. 11. 10.자 5,000,000원(①번 변제금)을 받았다.

In addition, the plaintiff invested in D with the defendant's introduction, and received 3,300,000 won on August 8, 2008 with the proceeds of August 2008 with the proceeds of investment from D, and 20,000 won on February 4, 2009 (the amount of repayment No. 20,000,000 won (the amount of payment No. 20,000,000) out of the amount of investment was collected after completing the investment with D, and it was not received as the repayment of the obligation under the loan certificate of this case.

Upon the request of the defendant, the plaintiff lent KRW 4,500,00 to E (F) on July 9, 2008, and on July 11, 2008, the plaintiff received KRW 4,500,000 as the repayment of the above loan (4,50,000) as the repayment of the loan, and was not paid the debt under the loan certificate of this case against the defendant.

Upon introduction by the Defendant, the Plaintiff invested in H that operates the G resting Corner, and H paid the sales amount or profits to the Plaintiff.

on November 28, 2007 (2) KRW 10,000,000 (2) shall be October 2007.

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