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(영문) 대전지방법원 2018.05.30 2017나5868
대여금
Text

1. It is so far as is relevant to the principal action, including a claim that has been changed or added in reduction or exchange at the time of trial.

Reasons

1. Basic facts common to the principal lawsuit and counterclaim;

A. On February 2016, upon the Defendant’s request, the Plaintiff subscribed to the award system under the name of the Plaintiff for the Defendant (one million won per month after receipt of the award money, two or more members of the fraternity, and one member of the fraternity who received the award money under the name of the Plaintiff (hereinafter “instant system”).

The defendant sent to the first fraternity meeting and was engaged in personnel affairs with the main and the members of the fraternity.

Since the defendant did not know with the leader, the plaintiff was not admitted to the fraternity in the name of the defendant, and the plaintiff was admitted to the fraternity in the name of the plaintiff.

B. On April 11, 2016, the Plaintiff was awarded a prize by bidding on behalf of the Defendant in the instant system on behalf of the Defendant.

The Plaintiff received KRW 14.1 million from the Defendant on behalf of the Plaintiff, deducting the expenses of meal expenses, such as meal expenses, meal expenses, and meal expenses.

C. On April 12, 2016, the Plaintiff remitted to the Defendant the amount of KRW 10 million out of the said amount of KRW 14.1 million.

The defendant transferred 10 million won to D who became aware of the introduction of the plaintiff by deposit recipient.

The Defendant remitted KRW 900,000 to D in addition to the above KRW 10 million to the Plaintiff in order to further lend KRW 5 million.

The Plaintiff, among the above fraternitys, remitted the sum of KRW 4.1 million, which was remitted to the Defendant from the Defendant, to E in total, KRW 5 million,000,000,000,000,000 to the Defendant, and instead, the Defendant acquired the Defendant’s claim against D in addition to the amount of KRW 5 million.

Accordingly, on April 12, 2016, the amount that the defendant lent to D was KRW 15 million.

The defendant received 750,000 won as interest from D on May 12, 2016.

E. However, D committed suicide due to failure to cope with the occurrence on May 17, 2016.

F. The Defendant remitted to the Plaintiff the sum of KRW 1 million on February 10, 2016, KRW 700,000 on March 10, 2016, KRW 100 million on May 10, 2016, KRW 100,000 on May 10, 2016, KRW 100,000 on June 10, 2016, and KRW 4.7 million on July 12, 2016, but did not remit from August 2016.

G. On August 2016, the Plaintiff’s suspension of the payment of the deposit amount by the Defendant.

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