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(영문) 수원지방법원성남지원 2019.12.17 2017가합407059
대여금
Text

1. As to KRW 302,00,000 among the Plaintiff and KRW 17,000,000 among them, the Defendant shall start from April 8, 2015 to November 5, 2019.

Reasons

1. Facts of recognition;

A. On April 8, 2015, the Defendant stated that “The Defendant would pay KRW 45,000,000,000 to the Plaintiff, including interest until July 8, 2015, because the said club is operating the CNA, and the said club may reduce five additional interest to use the money club for three months as soon as possible, while lending KRW 30,00,000 to the Plaintiff.”

Accordingly, on April 8, 2015, the Plaintiff transferred KRW 30,000,00 to an enterprise bank account under the name of the Defendant.

B. On May 22, 2015, the Defendant stated to the Plaintiff that “as the money was lent to the former and the CNV clubs are well operated, the said fat clubs include KRW 150,00,000,000, in the assets, including the rental deposit of KRW 150,000,000.” The Defendant said that the said fat clubs will share 30% of the profits when investing money in the said fat clubs, and even if having incurred losses, the investment principal will be guaranteed.”

Accordingly, on May 22, 2015, the Plaintiff remitted total of KRW 40,000,000 to an enterprise bank account under the name of the Defendant, as well as KRW 23,000,000 on May 26, 2015.

C. On June 23, 2015, the Defendant stated to the Plaintiff that “I would like to acquire and operate a DNA club, and would pay the said money by obtaining a loan of alcoholic beverages within one month if I lent money for acquiring the said club.”

Accordingly, on June 23, 2015, the Plaintiff remitted total of KRW 30,000,000,000 to an enterprise bank account under the name of the Defendant, as well as KRW 30,000,000 on June 26, 2015.

In addition, on July 20, 2015, the Defendant stated to the Plaintiff on July 20, 2015, that “the production of posters is necessary to publicize the C Age and D D'BC, and if the Defendant first borrowed the money, he/she would pay the money within one month.”

Accordingly, on July 20, 2015, the Plaintiff transferred KRW 9,000,000 to the corporate bank account under the name of the Defendant.

On August 18, 2015, the Defendant intended to acquire a e-learning in Seosan, and provided funds to acquire the e-learning in Seosan, and then received the above e-learning completely, and returned the principal of the investment with the loan of alcoholic beverages, and paid according to the operation of the e-learning.

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