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(영문) 대구지방법원 2019.01.08 2018가단111325
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. The Plaintiff’s assertion that the Defendant paid KRW 70,00,000 per month to the Plaintiff and C, and interest, etc. at the rate of KRW 2.85% per month from July 2, 2017 to December 2, 2017, calculated at the rate of KRW 1,95,00 per month as to KRW 70,00 per month from July 2, 2017 to December 2, 2017. The Plaintiff paid KRW 1,95,00 per month from December 3, 2017 to February 2, 2018 by changing the agreed rate of KRW 2.3% per month from February 3, 2017 to the interest rate of KRW 1,610,00 per month on the above loan. The Defendant is obligated to pay KRW 70,000,000 per annum interest rate per annum from February 25, 2018.

B. The Defendant’s assertion is an investor who invested in C from June 2014, and from June 2017 to June 2017, the use of the passbook in the name of the Defendant was based on C’s request that there was a concern about punishment for a violation of the Act on the Regulation of Conducting Fund-Raising Business, and the Defendant did not have any obligation jointly acquired the Plaintiff’s obligation against C.

2. The following circumstances, which are acknowledged by comprehensively taking account of the overall purport of the pleadings in each of the statements in subparagraphs 1, 2, 2, 4, and 1, 3-1 and 2 of the evidence Nos. 1, 1, 2, 2, and 4 of the evidence Nos. 1, 2, and 3-2 of the judgment, i.e., a person who has received investment from the surrounding people and distributed profits from the investment in futures options in the course of operating a stock purchase and sale contract; the Defendant is an investor who has made an investment in futures option from around 2011 to C and received 3% of monthly dividends; and ii) the Plaintiff also was aware of C with the Defendant’s wife’s introduction around June 2014 and invested KRW 7,00,000 in the Defendant’s wife around June 20, 2015, and additionally paid KRW 23,000 and KRW 300,000.

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