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(영문) 대전지방법원 2014.08.20 2013가합103555
대여금
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. From May 26, 2008 to July 8, 2008, the Defendant invested KRW 1.23 billion in total to E who has promoted a project to purchase land and create a logistics center (hereinafter “instant project”).

B. From August 6, 2008 to August 12, 2008, the Plaintiff remitted the sum of KRW 250 million to the account in the name of the Defendant, which was known to the general public, and on August 18, 2008, to the account in the name of the F Co., Ltd. (hereinafter “F”), which was registered as the representative director, KRW 150 million,000,000,000 to the account in the name of the Defendant and F Co., Ltd. (hereinafter “F”), and remitted the sum of KRW 400,000 (hereinafter “the instant remittance amount”).

C. On March 24, 2010, E transferred KRW 50 million from the account in the name of G Co., Ltd. that he operated to the account in the name of the Plaintiff.

Meanwhile, from May 26, 2008 to August 18, 2008, E received each investment of KRW 1.230 million from the Defendant in relation to the instant business, and KRW 1.630 million from the Plaintiff, and embezzled the total amount of KRW 1.60 million from which it arbitrarily consumed and embezzled the amount of KRW 960 million from among them, due to criminal facts, such as the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) on June 26, 2014.

) Upon receipt of the appeal by E and appeal by E, currently pending appellate court (Seoul High Court 2014No307) (the Daejeon High Court 2014No307). [The facts that there is no dispute over the grounds for recognition, Gap evidence 1-1-8, Gap evidence 2-2, Gap evidence 4-3, and 10-3, and the purport of the whole pleadings.]

2. The plaintiff's assertion

A. The primary argument is that the Plaintiff lent the Defendant the sum of KRW 400,000,000,000 to which the funds were insufficient due to the unreasonable investment in the instant business, and there remains loans of KRW 350,000,000, out of which KRW 50,000 has been repaid.

Therefore, the defendant is obligated to pay the remaining loan amounting to KRW 350 million and delay damages to the plaintiff.

B. The amount of remittance of this case to the Defendant in preliminary assertion for family affairs.

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