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(영문) 서울중앙지방법원 2020.07.08 2019나63517
대여금
Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. Basic facts

A. On or around December 2013, the Plaintiff is a driver of a vehicle near the entertainment drinking house entertainment place, and at the same time, registered a credit business pursuant to the Act on Registration of Credit Business, etc. and Protection of Finance Users (hereinafter “Credit Business Act”), and operated a credit business against entertainment receptionist. The Defendant is an entertainment bar worker managing entertainment receptionist in the entertainment drinking house that the Plaintiff was a driver.

B. As of December 4, 2013, the Plaintiff drafted a standard form of loan transaction agreement with the Defendant, stating that “the Defendant, Defendant, KRW 15 million, interest rate of KRW 39,00,000 per annum, and January 4, 2014,” and on the same date, “the Defendant, Defendant, and the amount of loan KRW 19,000,000 per annum, interest rate of KRW 39,000,000 per annum, and January 4, 2014,” respectively.

(hereinafter collectively referred to as “each of the instant loan agreements”).

On December 4, 2013, the Plaintiff transferred KRW 10,350,000 to Nonparty G, KRW 2,000,000 to Nonparty F, KRW 800,000 to Nonparty E, KRW 3,070,000 to Nonparty D on December 5, 2013, and KRW 2,780,00 to Nonparty C on December 5, 2013.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 3, purport of whole pleadings

2. The parties' assertion

A. On December 4, 2013, the Plaintiff lent KRW 8.5 million to the Defendant as follows, and drafted a loan agreement of KRW 15 million including interest thereon.

(hereinafter “First Loan”). After several hours GF EIJ K, the Plaintiff loaned KRW 10850,000 to the Defendant as follows and drafted a loan agreement of KRW 19,00,000,00 including its interest:

(hereinafter “Secondary Loan”). According to CD L M, the Defendant is obligated to pay to the Plaintiff the sum of KRW 34,000,000,000, and damages for delay.

B. Defendant 1: (a) asked that H take advantage of the source of entertainment business managed by the Defendant to borrow KRW 15 million; and (b) introduced the Plaintiff to H; and (c) the Plaintiff, the Defendant, and the Defendant.

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