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(영문) 전주지방법원 2021.03.09 2020가단8557
기타(금전)
Text

The defendant shall pay to the plaintiff KRW 32,120,691 as well as 5% per annum from March 31, 2020 to March 9, 2021, and from the next day.

Reasons

1. Facts of recognition;

A. The facts are as follows: “C’s deposit of restaurant is less than KRW 10 million; D’s deposit of restaurant was less than KRW 10 million; D’s loan was not invested in the acquisition of food; and part of the loan was received from the Plaintiff and was thought to be used by the Defendant for the operation of the restaurant or the main store; and even if the Plaintiff did not have an intent or ability to make a monthly profit or guarantee the return of the investment amount, even if he received the investment money from the Plaintiff, even though he did not have an intent or ability to receive the investment money from the Plaintiff, the Defendant would make profits of KRW 2 million per month from the Plaintiff or to secure the return of the investment amount. However, around February of 2019, the Defendant would make profits of KRW 12 million per month from the operation of the restaurant from the Seoul-gu F and the 1st floor of Seoul Special Metropolitan City.

If 100 million won, all rights to business may be acquired by transfer.

Since the Republic of Korea is to bear half of 100 million won, one-half of the rest is to operate a "D" restaurant and a "C" restaurant in which the rest is invested.

Since 30 million won as the deposit for the lease of the "D" restaurant, and 20 million won as the deposit for the lease of the "C" operated by the domestic government, the return of the investment amount may be guaranteed.

“Falsely speaking,” and its affiliation was remitted from the Plaintiff on February 13, 2019 to KRW 50 million.

B. The Defendant was indicted by the Incheon District Court 2020 High Order 4623 of the Incheon District Court, and was convicted of a suspended sentence of two years in October due to criminal fraud, etc.

(c)

The defendant changed from March 31, 2019 to September 1, 2019 to the plaintiff's account in the name of the plaintiff as the revenue from the above investment amount, the changed amount of "the separate sheet for calculation of the amount appropriated in the separate sheet" from March 31, 2019 to September 1, 2019, "the separate sheet for calculation of the amount appropriated in the separate sheet from October 1, 2019 to February 20, 202" as the changed amount of money stated in the separate sheet.

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