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(영문) 청주지방법원 2020.08.13 2019가단33876
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The parties' assertion

A. On February 2012, the Plaintiff received a request from the Defendant to obtain a loan from Sejong Special Self-Governing City D Lodging facilities (hereinafter “the instant unmanned telecom”), which are owned by the Defendant, for operating funds for the instant unmanned telecom, and paid KRW 920,000,000 from the E Association to the Defendant under the name of the Plaintiff.

The Defendant first agreed to pay the interest of the above loan to the Defendant, but on June 2012, it was insufficient to pay the interest, and if half of the interest is lent, the Defendant would sell and sell the instant unmanned telecom.

Accordingly, the Plaintiff loaned the amount equivalent to the above amount to the Defendant by paying interest by depositing the total of KRW 75,698,110 as of June 2012, September 2012, December 2012, December 2012, March 3, 2013, June 3, 2013, September 2013, September 2013, December 2013, and December 2013, and March 2014.

Although the instant unmanned telecom sold around July 2014, the Defendant paid KRW 25,00,000,000 in total, including KRW 10,000,000 on January 8, 2019, and KRW 10,000 on January 28, 2019, and KRW 5,000,000 on January 31, 2019.

Therefore, the remainder of 50,698,110 won and damages for delay are claimed.

B. The Plaintiff, as an investor of the instant unmanned telecom, invested the amount in which the Plaintiff was the nominal owner of the loan, and paid interest. The settlement was completed at around 2014 when selling the instant unmanned telecom, and the Defendant did not borrow the amount equivalent to the interest on the loan from the Plaintiff.

However, as the Defendant was elected as the president of the FF association around January 2019, the Plaintiff’s expression that the Defendant spreads false facts about the Defendant, and without any choice, paid some of the money at the Plaintiff’s request.

2. The fact that constitutes the requirement of one right shall be borne by the person who asserts it, unless there are special circumstances.

Therefore, money.

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