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(영문) 대구지방법원 2019.04.24 2018나8482
대여금
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. On September 3, 2009, the Plaintiff received the following loan certificates from the Defendant (hereinafter “the instant loan certificates”).

The full amount of a loan certificate: The above 50,000,000 won (50,000,000) will be borrowed and promised to implement the following provisions:

I promise to pay the above amount in one thousand won per month.

[Ground for Recognition: Facts without dispute, entry of Gap evidence 1, purport of whole pleadings]

2. The party's assertion and judgment

A. The Plaintiff’s assertion 1) from 2006 to 2007, the Plaintiff heard the Defendant’s talk about the D Lottery Prize Prediction Program that was developed by the Defendant’s father and his partner through the Defendant, and determined money by the Defendant’s solicitation. The Plaintiff: (a) received the Defendant’s betting team through the program and wired money to the Defendant’s partner’s account and the partner’s avoidance; (b) thereby, the Plaintiff lost the amount of money exceeding KRW 230 million to KRW 240 million; (c) the Defendant prepared to bring an accusation against the Defendant and his partner; and (d) prepared to bring an accusation against the Defendant and his partner, the Plaintiff was compensated for part of the amount of the Plaintiff’s loss; and (e) prepared the instant loan certificate. Accordingly, the Defendant was obligated to pay KRW 50 million to the Plaintiff according to the instant loan certificate for about four years from 205 to 2005.

In around 2009, the Defendant was hedging with the Plaintiff, and the Plaintiff was forced to prepare the loan certificate of this case to the Defendant for mental compensation for the hedging at the same time.

At the time, the defendant prepared the loan certificate of this case in the place of detention with the mind that he wanted to be hedging with the plaintiff, and the plaintiff was unaware that he actually demanded the money by using the loan certificate of this case.

In relation to the program, the plaintiff became aware of the above program which was being developed by the defendant's father and his relative group at the time of teaching with the defendant, and the plaintiff was dead.

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