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(영문) 대구지방법원김천지원 2016.01.20 2014가단12979
부당이득금반환 등
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On January 21, 2011, the Plaintiff and Defendant B drafted a notarial deed of debt repayment agreement with the effect that “the Plaintiff, on January 21, 201, set forth 201, KRW 18 million from Defendant B as the due date for repayment and borrowed at 30% per annum (payment on March 31, 201) by a notary public of law firm in 2011.”

(hereinafter referred to as “instant notarial deed”). (b)

On February 1, 2012, the Plaintiff shall lend KRW 5 million to Defendant B until February 10, 2012.

“Preparation of a cash custody certificate.” (C) around October 22, 2012, the Plaintiff drafted a note “AD” with Defendant B’s “as of October 22, 2012,” in calculating the debt relationship with Defendant B, the Plaintiff drafted a note “as of October 22, 2012, 33,31,000, and cash custody certificate AD.”

On October 23, 2012, the Plaintiff drafted a cash custody certificate of KRW 30 million to Defendant B.

E. On November 5, 2012, E and Defendant C drafted a notarial deed of debt repayment agreement with the effect that “E had borrowed KRW 15 million from Defendant C on November 1, 2012 as the due date for repayment, set at 24% per annum (payment as the last day of each month)” by a notary public on November 1, 2012, 201, which read that “E had borrowed KRW 15 million from Defendant C on November 1, 2012.”

F. On November 6, 2014, the Plaintiff was indicted for committing the crime that “the Plaintiff, while having no intent or ability to repay, received cash 18 million won from Defendant B in several occasions from Defendant B on the pretext of a loan, from around 2009 to January 21, 201, and obtained cash 5 million won on February 1, 2012, and acquired property worth 23 million won in total.” The Plaintiff was sentenced to imprisonment with prison labor for 10 months as to the fraud against Defendant B and the remainder of the judgment.

(This Court Decision 2014No. 150). Both the Plaintiff and the Prosecutor appealed. On April 24, 2015, the appellate court convicted Defendant B of fraud, and sentenced Defendant B of a suspended sentence of two years of imprisonment and a sentence of 120 hours of community service, which became final and conclusive.

(T) Daegu District Court 2014No4360), g. E.

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