logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2018.11.21 2018나482
대여금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Facts of recognition;

A. The Plaintiff was recommended by the Defendant to make an investment of KRW 30,00,000 in the adult game room business operated by the non-party C Co., Ltd. (hereinafter “non-party C”), and entered into an agency contract with the non-party company on January 15, 2014, by setting the agency’s single unit (8 units), 20,800,000 (including value-added tax), investment amount of KRW 30,000 (including sales lease deposit and human park expenses), three years of investment contract period (including sales lease deposit and human park expenses), three years of investment contract period, three-six-six-month period, and three-six-six percent per annum of final revenue (9,000,000 per month calculated on January 15, 2014).

B. Thereafter, the Plaintiff’s account to Nonparty Company KRW 7,00,000 on January 20, 2014, and the same year via the Defendant’s account.

2. The balance of 14. 23,000,000 won was remitted each to pay 30,000,000 won under the above agency contract.

C. On the other hand, around January 25, 2014, the Defendant appears to have “30,000,000 won” as “from January 15, 2014 to one year and six months after July 15, 2015,” “from July 15, 2015,” and “from July 15, 2015,” to be repaid as of July 15, 2015. The Defendant would have repaid 11-day interest on KRW 5,000 in full payment of down payment of KRW 5,00,000,000 to the Plaintiff. The Defendant himself/herself will be responsible for all this amount. The Plaintiff’s aforementioned amount is the Plaintiff’s 30,000,000,000 won as above, and then written the loan certificate (Evidence 1, 200,000,000, hereinafter “the instant loan certificate”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 4, 9, and 10, the purport of the whole pleadings

2. Determination as to the cause of action

A. We examine the determination, and the existence and content of the declaration of intent, in principle, as stated in the disposition document, unless there is any clear and acceptable proof that the content of the statement can be denied.

arrow