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(영문) 광주지방법원 2018.09.07 2017가단521732
대여금
Text

1. The Defendant’s KRW 13 million to the Plaintiff and the Plaintiff’s 5% per annum from May 12, 2015 to August 24, 2018.

Reasons

1. Facts of recognition;

A. On March 26, 2015, the Plaintiff: (a) heard that “A person engaged in real estate investment business shall pay KRW 150 million as interest on a monthly basis if he/she lends KRW 100 million to the Defendant; (b) remitted KRW 150 million as interest to the Defendant’s account in his/her name on March 26, 2015; (c) KRW 30 million on March 27, 2015; (d) KRW 10 million on March 28, 2015; and (e) transferred KRW 150 million on March 30, 2015; and (e) KRW 150 million on March 30, 2015.

B. The Defendant, immediately after receiving the above KRW 150 million from the Plaintiff, remitted the money equivalent to the same amount to the account in the name of Nonparty C.

Loan certificates: 150,000,0000 won (hereinafter referred to as the above amounts as follows: from March 26, 2015 to May 11, 2015, the debtor B (a seal)

C. After receiving KRW 150 million from the Plaintiff, the Defendant issued a loan certificate to the Plaintiff with the following content.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, Eul evidence 2, Eul evidence 2-3, 4, 5, Eul evidence 3-3 through 6, the purport of the whole pleadings

2. Determination

A. The following circumstances are acknowledged based on the facts found in the judgment as to the cause of the claim and the evidence revealed earlier: (i) the Plaintiff stated at the investigative agency that, without having contact with C by the Defendant’s introduction, the Plaintiff lent KRW 150 million to C without having contact with C; (ii) it is a statement to the effect that, by deceiving the Defendant and allowing C to lend it to C through the Defendant, the Plaintiff would have suffered damage to the fraudulent crime in the form of indirect principal offender; (iii) there is room to regard the civil legal relationship between the Plaintiff and the Defendant as otherwise; (iv) even if the Plaintiff was aware of the fact that the said money would be paid to C through the Defendant, the Plaintiff remitted KRW 150 million to the account of the Defendant other than C; and (iii) the said certificate of borrowing was not written with the interest agreement, etc. presented by C to the Defendant; and (iv) the Plaintiff did not state such fact.

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