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(영문) 서울북부지방법원 2018.08.29 2017나35036
대여금
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the amount ordered to be paid below is revoked.

Reasons

Facts of recognition

On February 1, 2005, the Defendants, in relation to the Plaintiff, opened and operated a “D” company as a joint proprietor of a business on February 1, 2005, and closed the final business on October 15, 2012.

The Plaintiff became aware of D operated by the Defendants through the introduction of Defendant B’s mother-friendly E.

The Plaintiff transferred the instant money to Defendant B account, respectively, KRW 25,00,000,000 on September 25, 2009, and KRW 10,000,00 on February 22, 2010.

F on December 9, 2009, indicated “F (Plaintiff)” as “F (Plaintiff)” in the indication column in which the remitter was remitted to Defendant B’s account, and remitted KRW 20,000,000.

(2) The Defendants transferred KRW 15,00,000 to the Plaintiff’s account on November 11, 2010 and KRW 15,000,000,000 on June 30, 2014.

From October 27, 2009 to February 24, 2010, the Defendants paid interest or profits of the Defendants to the Plaintiff KRW 375,000,00 in monthly amounting to 1.5% of the above KRW 25,000,000. The Defendants deposited KRW 540,000 in March 24, 2010, and KRW 25,000 in April 26, 2010 and KRW 10,000 in monthly amount equal to KRW 35,50,000 in total, and KRW 35,000,000 in amount equal to 1.5% in total, from January 8, 2010 to May 20, 2000 in each month. The Defendants deposited KRW 525,00 in each month to the Plaintiff respectively.

From June 24, 2010 to December 12, 2013, the Defendants deposited KRW 350,000,000 each month, equivalent to one percent of the total amount of KRW 35,000,000, to the Plaintiff. From June 8, 2010 to November 8, 2010, the Defendants deposited KRW 200,000, and the Defendants deposited KRW 10,000,000 each month after the Defendants remitted the total amount of KRW 10,00,00 to the Plaintiff on November 11, 2010.

[Reasons] The Plaintiff’s assertion of the purport of the entire pleadings and arguments by the Plaintiff as to the non-contentious facts, Gap’s evidence Nos. 1, 4, 5, Eul’s evidence Nos. 1 and 2, and 35,000,000 won out of the instant money paid to the Defendants by the Plaintiff to the Defendants.

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