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(영문) 광주지방법원 2020.07.10 2019가합54714
기타(금전)
Text

1. The Defendant’s KRW 25,00,000 as well as annual 5% from June 20, 2019 to July 10, 2020 to the Plaintiff.

Reasons

In fact, the plaintiff is the married couple who completed the marriage report with the defendant C on June 26, 2012, and the defendant is the deader of the plaintiff.

The defendant operated the Jindo-do farm, etc., and the business fund is required, and the loan was granted by the bank in the name of the plaintiff and the loan was granted to the defendant.

On October 12, 2012, the Plaintiff received a loan of KRW 117,00,000 from a business start-up start-up support, a person who runs a fishery business, and transferred the full amount of the loan to the account requested by the Defendant on the same day. On June 25, 2015, the Plaintiff received KRW 32,000,000 from the D Association, and then remitted the full amount of the loan to the account requested by the Defendant on the same day.

On the other hand, the Defendant repaid all of the principal and interest of each of the instant loans to the D Association.

In addition, on December 4, 2017, the Plaintiff received KRW 30,000,000 from the DFF loan. Of the above money, KRW 20,000,000 was used by the Defendant, and KRW 10,000,000 was used by the Plaintiff.

On April 16, 2012, the Plaintiff transferred KRW 5,000,000 to the E Bank account, and lent it to the Defendant.

[Based on recognition] The plaintiff asserted that Gap's evidence Nos. 1 through 6, 8, and Eul evidence Nos. 1 through 5 (including a tentative number; hereinafter the same shall apply), the purport of the whole pleadings, the principal of investment and the return of investment earnings, upon the defendant's request, invested in the defendant as a total of KRW 179,00,000 (= KRW 32,000,000,000, KRW 30,000,000, and hereinafter "the loan of this case").

The Defendant did not pay to the Plaintiff KRW 30,000,000 among the principal invested, and did not pay KRW 150,000,000 according to the agreement on the allocation of investment earnings. As such, the Defendant is obligated to pay the Plaintiff KRW 180,00,000 (= KRW 30,000,000) and damages for delay.

Judgment

The plaintiff is a fishing ground to which the defendant belongs.

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