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(영문) 대전고등법원 2019.10.17 2019나10277
손해배상(기)
Text

1.The part against the defendant in the judgment of the first instance, including the claims added and reduced in this Court, shall be:

Reasons

1. Basic facts

A. The relationship 1) The Plaintiff was a person who has been engaged in money transactions with the Defendant continuously, such as lending money at the interest rate of 5 to 10% from December 31, 2007 to June 25, 2015, by the Defendant as a successful bidder who opened a bid contract with the Defendant from April 25, 2008 and paid a total amount, and receiving a successful bidder from the Defendant. (2) The co-defendant B of the first instance trial was a person who was in a marital relationship with the Defendant from July 2015, but the Defendant was also engaged in money transactions with the Plaintiff using the financial account of B.

B. No. 1 of the No. 2009, Jul. 23, 2009, the Defendant made a notarial deed stating that “Around July 23, 2009, the Plaintiff shall pay KRW 100,000,000 to the Defendant on July 23, 2009 without interest (temporary payment) and the rate for delay damages shall be set at 30% per annum and lend to the Defendant.” (No. 341, 2009; hereinafter “instant notarial deed”).

2) From August 20, 2014 to January 9, 2015, the Defendant: (a) stated on August 20, 2014 to 0. 10. 30; (b) 10. 40,00 on August 20, 2014 as follows; (c) 10. 40,00 on August 20, 2015; and (d) stated on May 3, 201, 200 on May 17, 2014 to 10, 200, 100,00 on May 13, 2017, 200, 200 on May 4, 17, 2015; and (d) stated on May 14, 2014 to 10, 200 on May 14, 2015.

15. On January 9, 2015, the document drawn up 15 pages 730,000,000 on July 9, 2015 (hereinafter collectively referred to as “each of the instant loans”).

C. The Plaintiff’s lending of money.

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