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(영문) 대전고등법원 (청주) 2018.04.10 2016나10026
양수금
Text

1. Revocation of the first instance judgment.

2. The instant lawsuit shall be dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The Defendant is a person who has been engaged in credit business in the name of “J” in the reasonable district of Cheongju-si, and the Plaintiff is the type of imprisonment of C, and C was on the duty of transfer from around 2008 to the loan company operated by the Defendant.

B. The Defendant borrowed money at a rate of 1.5% to 2% per month from the lender prior to the transfer of loan funds to a third party at a higher interest rate, thereby acquiring profits equivalent to the difference in fees or interest rates, and, with respect to real estate provided by a third party as security by the debtor, was conducting a business of establishing a collateral security in the name of the former owner.

Around November 29, 2011, the Defendant lent money borrowed from C to I in accordance with such business method is attached to the Defendant’s certificate of loan with the amount of KRW 300 million from I as of October 31, 201, which was submitted by the Defendant, around November 29, 201, at the end of repeated payment and repayment of the borrowed money, and additional lending. He received the certificate of loan with the amount of KRW 300 million from C as of October 31, 2016. On the same day, the Defendant asserted that the said certificate of payment was forged, but it is not sufficient to acknowledge the Defendant’s assertion that the said certificate of payment was forged. However, there is no other evidence to acknowledge it. Rather, according to the evidence evidence No. 4, the Defendant filed a complaint with the Defendant for the charge of forgery, etc. of the above payment, but it is recognized that the Defendant was issued on the ground of lack of evidence on March 24, 2017.

C. Under the circumstance that the Defendant’s lending of money to a third party is not well recovered, the creditor C, D, E, F, G, and the Defendant against the Defendant and the Defendant KRW 630 million out of KRW 140 million out of the total amount of the claims against the Defendant by the above creditors on March 20, 2014 (the amount of claims C shall be KRW 189,000,000), which is the sum of the claims against the Defendant by the above creditors, until May 30, 2014, the Defendant pays KRW 163,33,000,000 to C until December 31, 2014; and ② the remainder KRW 490,00,000 by December 31, 2014; KRW 163,300,000,000 until February 28, 2015; and

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