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(영문) 대구지방법원김천지원 2015.11.25 2015가단4326
손해배상(기)
Text

1. The Defendant shall pay to the Plaintiff KRW 65,030,197 and the interest rate of KRW 15% per annum from June 13, 2015 to the day of complete payment.

Reasons

1. Basic facts

A. On December 2, 2012, the Defendant: (a) purchased the first floor underground of the Daegu-gu Seoul building in the name D, and operated the marina; (b) recommended the Plaintiff to apply for a loan to a financial institution by demanding that the Plaintiff met the Plaintiff at the mutual infinite coffee shop located in the Seocho-si, Seoul-gu, Seoul-si, Seoul-si, and that “If the Plaintiff borrowed the debtor’s name to obtain a loan as security; and (c) additionally, if the Plaintiff borrowed the loan to obtain a credit loan of KRW 20 million, the repayment of the loan will have no problem; and (d) in return, the Defendant would give a payment to the Plaintiff in installments.”

On January 17, 2013, the Plaintiff, along with the Defendant, prepared an application for a loan of KRW 318 million in the name of the Plaintiff, on condition that the right to collateral security is set up on the E-art as Hosan Agricultural Cooperative, and provided the Defendant with a separate application for a credit loan of KRW 20 million in the name of the Plaintiff, and issued the Defendant KRW 338 million in the same day.

(hereinafter “instant loan”). However, on July 201, the Defendant was obligated to pay KRW 680 million to the Defendant’s establishment of the said marina, and the operating profit of the said marina was difficult to pay interest on the said debt. Of the above debt, even if it was used in preferential repayment for a high interest among the above debt through the Plaintiff, it was difficult for the Plaintiff to pay interest on the said loan to the said Maart’s operating profit, making it difficult for the Plaintiff to pay interest on the existing loan to the said Maart’s operating profit, and even if it was borrowed money from the Plaintiff, it was difficult for the Plaintiff to pay interest on the loan to the said Maart’s Gyeongsan Agricultural Cooperative. Therefore, even if it was difficult for the Plaintiff to do so, the Plaintiff did not have the ability to give up against the Plaintiff, and there was no desire to pay back the said Maart’s debt.

The defendant deceivings the plaintiff in the above manner, and 338 million won.

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