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(영문) 창원지방법원 진주지원 2018.11.15 2018가단2536
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 70,00,000 and the interest rate of KRW 15% per annum from April 19, 2018 to the day of complete payment.

Reasons

1. Facts of recognition;

A. The Plaintiff, from March 1, 2004 to August 31, 2007, was in charge of the personnel affairs, etc. of teachers in the Do as the C education of the Office of Education of Gyeonggi-do and a bachelor in charge of personnel affairs in the Do.

B. On April 10, 2007, the Plaintiff was indicted on the charge of “a bribe of KRW 70 million from D who wants to employ a regular teacher at a private school in collusion with the Defendant” (hereinafter “the Plaintiff received a bribe of KRW 70 million”).

On January 17, 2013, the Changwon District Court found the Plaintiff not guilty of the receipt of a bribe of KRW 70 million in collusion with D, but judged that accepting a bribe of KRW 4 million from E constitutes the crime of acceptance of bribe, and sentenced the suspension of the execution of imprisonment with labor for six months.

(2012 Gohap9) The above judgment became final and conclusive on May 29, 2014, because both the prosecutor and the Plaintiff’s appeal and the appeal were dismissed.

C. On April 24, 2008, the Plaintiff and the Defendant borrowed KRW 70 million from the Plaintiff as the loan certificate No. 1, hereinafter “the loan certificate of this case”).

A) Around that time, the Plaintiff issued a cashier’s check at a par value of KRW 70 million to the Defendant. [The grounds for recognition] The Plaintiff did not dispute, Gap evidence Nos. 1, 2, 4, and 7 (tentative number) and the purport of the entire pleadings, including a serial number.

2. The parties' assertion

A. On April 24, 2008, the Plaintiff asserted that the Plaintiff lent KRW 70 million to the Defendant, and the Defendant is obligated to pay KRW 70 million to the Plaintiff.

B. The defendant alleged that he was working as a teacher, and dealt with the work ordered by the plaintiff.

The plaintiff, around 2007, ordered the defendant to receive KRW 70 million in return for the employment of a teacher from D who wants to employ a regular teacher at a private school, and ordered the F to receive interest from the bond manager F.

The Defendant received KRW 70 million from D in accordance with the direction of the Plaintiff, and left F to receive interest from F, and transferred F to the Plaintiff with interest accrued between several months, and F thereafter was locked.

D. . ...

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