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Reasons
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(영문) 서울중앙지방법원 2018.08.24 2017가단57203
손해배상(기)
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1. Defendant B’s KRW 40,300,000 for the Plaintiff and KRW 1% for each month from August 1, 2016 to August 24, 2018.

Reasons

1. Basic facts

A. The Defendants in money transaction between the Plaintiff and the Defendants agreed to operate a fishery products distribution business through the same business and were introduced by Defendant B, while the funds were in physical color.

On January 22, 2016 to April 2016, the Plaintiff explained the business plan from the Defendants and paid the Defendant B a total of KRW 140 million ( KRW 100 million 30 million) on three occasions.

After that, the Plaintiff did not have a business plan presented by the Defendants, and suspended the provision of additional funds, and requested the Defendants to return the funds already paid.

B. Preparation of the defendants' loan certificate

1. C (debtor B) decided to pay directly to the creditor, in the amount of KRW 60 million, whichever is part of the total amount of loans extended three times from January to April 2016, whichever is about KRW 140 million, to the creditor, by the creditor Eul (debtor A);

C. The obligee A lent to the obligor B a total of KRW 140 million to the account transfer over three occasions from January to April, 2016, and the obligor A again lent part of KRW 140 million to the obligor B.

2. The due date: To be repaid in installments from October 1, 2016 to December 31, 2016, and the amount and time may be mutually agreed.

(Provided, That as of December 31, 2016, Defendant C is entitled to the following loan certificates (hereinafter “the first loan certificate”) written by the Plaintiff on September 30, 2016:

(1) The Plaintiff, upon Defendant C’s receipt of the above loan certificate, stated that “the legal problem” was stated at Defendant C’s request so that it does not arise. The interest that B (debtor A) borrowed 140 million won to A (creditor A) in total on three occasions from January to April 2016: 1% of the principal (1.4 million won, and 1.4 million won from May 2016 to the end of each month from May 2016 to the end of payment: The full repayment by December 31, 2016, and the full repayment by December 31, 2012.

2. The principal shall be paid monthly from May 2016 to the interest of KRW 140,000,000 among the loans to the creditor Gap.

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