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(영문) 대구지방법원 2018.04.05 2017가단1858
대여금등
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The facts that the Plaintiff and the Defendant came to know of the facts of the basis in around 2014, and the fact that the facts were determined in 2016, do not conflict between the parties.

2. The plaintiff asserts to the following purport.

In early 2014, the plaintiff was engaged in a partnership with the defendant in accordance with the defendant's proposal that the plaintiff operated the Kapet as a partnership business with the amount of KRW 40 million.

However, after entering into a virtual lease agreement, the Plaintiff loaned money in another place and subsequently the Defendant was able to receive payment from the Defendant on the ground that the Defendant did not have money.

The Plaintiff borrowed a total of KRW 65 million ( KRW 20 million borrowed from the Plaintiff’s friendship, KRW 10 million borrowed from the Plaintiff’s friendship, KRW 20 million borrowed from the Plaintiff’s club, KRW 15 million borrowed from the Plaintiff’s mother’s parent, and KRW 15 million borrowed from the Plaintiff’s mother’s mother’s parent), and operated a car page with the Defendant’s investment money, etc., but arranged the car page without any profit.

The plaintiff, around December 2015, operated the thesis to invest KRW 50 million as a partnership business. In accordance with the defendant's proposal, the plaintiff started to operate a partnership business again.

However, after making a provisional contract, the plaintiff borrowed money from other places, and later borrowed money from the defendant, and later borrowed money from the defendant.

Around August 29, 2016, the Defendant informed the Plaintiff separately on or around August 29, 2016. Around October 2016, the Defendant enticed the Plaintiff as if he were to marry with a view to receiving money from the Plaintiff and then fraudulently acquired KRW 10,036,66 in total from October 2016 to November 2016.

The plaintiff lends the defendant's respective investment funds to the defendant for the above carpets and the frequency of collection to the defendant by the method of investing on behalf of the plaintiff.

Therefore, the defendant should pay the above loans of KRW 90 million ( KRW 50 million plus KRW 50 million) and the sum of KRW 10,036,666 and KRW 100,036 and KRW 666.

3. Determination loans 9.

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