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(영문) 대전지방법원 2016.07.01 2015나105443
대여금
Text

1. The part against Defendant B in the judgment of the first instance shall be revoked;

Defendant B’s KRW 30,00,000 and this shall apply to the Plaintiff.

Reasons

The judgment on the claim against Defendant B was recognized on October 2013, Defendant B, with the knowledge that the Plaintiff, who was aware of his knowledge in the E-cafeteria located in Daejeon Sung-gu F, Daejeon, which he operated, was in his possession of a house to receive medical care, was aware of the fact that Defendant B would be in possession of the house, and that he would be in possession of the house to the Plaintiff.

However, the forest land was owned by H, and the defendant B did not have the right to lease the house.

Nevertheless, Defendant B received KRW 15,00,000,000 in total, on October 16, 2013, under the pretext of internal facility expenses, such as a gredle board, etc., and received KRW 10,00,000,00 in total, on November 1, 2013, when the Plaintiff intended to pay a full-time loan from the Plaintiff.

(5,000,000 won out of the above money was returned to the Plaintiff’s creditor I at the Plaintiff’s request on November 27, 2013. Defendant B received KRW 20,000,000,000 from the Plaintiff, on November 27, 2013, the sum of the two copies of the check of KRW 10,000,000, issued by the Plaintiff, on the ground that Defendant B, in a restaurant, “it is necessary to operate the restaurant, and if the business fund is lent to KRW 20,00,000,000.”

As Defendant B did not pay the above money, the Plaintiff filed a criminal complaint against Defendant B in fraud. On January 8, 2015, Defendant B agreed to pay the above money by preparing a notarial deed of a monetary loan agreement with the Plaintiff, which is KRW 30,000,000, due date, October 30, 2015, interest rate of KRW 24% (payment on October 8, 2015), and delay damages rate of KRW 24% (payment on October 8, 2015), through criminal conciliation.

However, Defendant B did not pay the above money, and filed an application for bankruptcy and discharge under the Daejeon District Court Decision 2015Hadan10040, 2015 Ma10040 on April 7, 2015, and 2015 Ma1040 on June 4, 2015, the bankruptcy was declared on June 4, 2015, the discontinuation decision of bankruptcy was rendered on September 10, 2015, and the exemption decision was granted on November 26, 2015, and the said exemption decision became final and conclusive on December 11, 2015.

At the time of the decision to grant the above immunity, five creditors were added to the plaintiff.

Defendant B is an offense of fraud that deceiving the Plaintiff and received KRW 35,00,000 as above.

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