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(영문) 수원지방법원성남지원 2016.06.17 2015가단7830
대여금
Text

1. As to KRW 32,400,000 and KRW 22,400,00 among the Plaintiff, the Defendant shall pay to the Plaintiff KRW 10,000 from December 31, 2014, and KRW 10,00,00.

Reasons

1. Basic facts

A. On March 21, 2014, the Plaintiff and the Defendant agreed to operate a club and to make an investment jointly (hereinafter “instant age club”).

B. On July 1, 2014, the Defendant issued a written plan for repayment of investment to the Plaintiff, on December 30, 2014, to deposit KRW 30 million (30,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000 as of the last day of each month (30,000,000,000,000) to the Plaintiff.

C. On July 1, 2014, the Plaintiff invested KRW 30 million in the instant age club and participated in the distribution and operation of KRW 20 million in net income, but waivers of all acts except investment funds, and if any act is not performed, D and the Defendant shall be liable for civil and criminal liability when any legal act has occurred after the renunciation of renunciation. All notarized documents due to the foregoing renunciation of renunciation (hereinafter “the instant renunciation of waiver”) issued a written waiver of the contents to be invalidated. D.

On July 31, 2014, the Defendant remitted total of KRW 500,000,000 to the Plaintiff on October 13, 2014, KRW 2 million on November 25, 2014, KRW 2 million on November 25, 2014, and KRW 5,500,000 on January 1, 2015, and paid KRW 2.1 million on a cashier’s check around September 2014.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence No. 3, the purport of the whole pleadings

2. According to the above findings of determination as to the cause of the claim, the Defendant is obligated to pay the Plaintiff the unpaid amount of KRW 32.4 million (=40 million - 7.6 million), and delay damages therefrom, unless there are special circumstances.

3. Judgment on the defendant's assertion

A. The defendant's assertion on behalf of the defendant.

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