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(영문) 대구지방법원김천지원 2016.11.16 2016가단1935
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On July 5, 2005, the Plaintiff sent KRW 40 million to the deposit account in the name of E (E), an entertainment planning company operated by the Defendant, after hearing the horses that “D will perform a nationwide package prior to entering the military.” The Plaintiff would distribute 50% of the profits to four units of containers, such as Tear Seoul, Busan, Daegu, and Daejeon, and then invested KRW 20 million.”

B. C around August 6, 2005, upon confirming the Plaintiff’s investment, requested the Defendant to prepare a written contract to verify the Plaintiff’s investment, and the Defendant, as of August 5, 2005, prepared a performance contribution contract with the following contents and provided the Plaintiff via C.

-Public performance contribution contract - contribution planning officer(A): E, Representative B (Defendant), A D Public Performance Planning Officer(A): F, Representative C2(Rights and Duties of A and B). (4) A shall own all the rights and duties of public performance sales for all Seoul and all local performances, and shall have the rights and duties of public performance sales.

Agreement: The investor of this performance (investment 80 million won) A (Plaintiff) owns all the rights to the right to the right until the principal is recovered.

C. After receiving the above performance contribution contract, the Plaintiff remitted each of the above performance contribution amounting to KRW 25 million to the deposit account in the name of E, and KRW 15 million on August 17, 2005.

On September 14, 2005, the Plaintiff confirmed that D/C was not planned from D’s affiliated companies, and demanded the Defendant and C to return the investment amount.

E. On September 15, 2005, the Defendant: “80 million won due” was determined on October 4, 2005 and borrowed as 10% per month interest from the Plaintiff.

“Before having drawn up a loan certificate and a letter, the Defendant was unable to pay the loan by the due date. On November 16, 2005, the Defendant borrowed on November 16, 2005 the Plaintiff the amount of KRW 150 million from the Plaintiff (the amount calculated by adding each of the following money to the Plaintiff’s KRW 80 million and interest at the same time).

D The amount of KRW 150,000,000 from the sales of video files is first.

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