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(영문) 대전지방법원 2018.05.02 2017나5066
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

purport.

Reasons

On December 15, 2014, the Plaintiff agreed to lend KRW 20,000,000 to the Defendant through C, the Defendant’s Siberter, and to receive payment for one week thereafter.

In concluding a partnership agreement on a set-off business on December 15, 2014 by the Plaintiff, the Defendant, C, and E, the Plaintiff did not merely borrow KRW 20,000,000 from the Plaintiff’s G, and the Defendant agreed to contribute KRW 10,000,000 to F, and distribute profits from a set-off business, and did not merely borrow KRW 20,00,000 from the amount of investment.

Judgment

The fact that the Plaintiff remitted KRW 20,000,000 to the Defendant on December 15, 2014 is no dispute between the parties.

Ultimately, the issues of the instant case are whether the nature of the said money is a loan or an investment money as alleged by the Defendant, as alleged by the Plaintiff.

In full view of the following facts, the evidence Nos. 1, 2, 3, 4, and 5 of the evidence Nos. 2, 4, and 5 of the above Act, and the facts acknowledged by this court’s significant facts and the purport of the entire pleadings, it is difficult to accept the Defendant’s assertion that the said money’s nature is an investment fund for a punishment business, and it is reasonable to view that the Plaintiff lent KRW 20

Contrary to this, the Defendant’s assertion that Eul’s testimony and E’s testimony of the party witness E invested a total of KRW 30,000,000 in the following facts, etc., and the Defendant’s assertion that the Defendant remitted KRW 30,000,000 to G on December 15, 2014 is inconsistent with the description of evidence No. 4.

The document No. 2 (Standard Contract for F, G, and H and the defendant as the party to the contract are merely stated as the party to the contract, and the plaintiff is not indicated as the party to the contract.

On December 15, 2014, the Plaintiff remitted KRW 20,000,00 to the Defendant on December 12:28, 2014, and the Defendant wired KRW 30,000 to G around 15:20 on the same day.

However, as the defendant's assertion, the plaintiff met on December 15, 2014 G, etc.

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