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(영문) 부산지방법원 2021.01.20 2020가단300288
기타(금전)
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. The parties' assertion

A. The plaintiff's assertion that the principal shall be returned to the plaintiff, and the principal shall be liable in the case where the plaintiff's assertion is erroneous after one year.

On the other hand, the Plaintiff paid 2% interest rate of 30,000,000 to the Defendant on June 27, 2017, and one year after the due date. On April 5, 2018, the Plaintiff paid 2.5% interest rate of 15,000,000 won on April 5, 2018, and one year after the due date. Since the Defendant returned this, the Defendant is liable to pay the Plaintiff the delayed damages amounting to KRW 60,00,000, the Defendant is liable to pay the Plaintiff the total amount of the principal and interest of KRW 60,000,000,000, and it is unclear whether the cause of the Plaintiff’s claim

B. The defendant's assertion is merely investment of the above KRW 45,00,000 in C Co., Ltd. (hereinafter "C"), and there is no fact that the above money was lent to the defendant, and thus, the defendant is not liable to return the above money to the defendant.

2. Since the plaintiff sought the return of the principal and interest of payment against the defendant, there is no evidence to acknowledge that the plaintiff lent or invested the above payment to the defendant.

Rather, according to the evidence evidence evidence Nos. 2 through 5, the Plaintiff and C, and the person attracting funds on June 27, 2017, the Plaintiff, the person raising funds, the amount of investment C, the amount of investment KRW 30,000,000, the interest rate of KRW 2% per month, the date of repayment of principal shall be June 27, 2018, and the amount of funds investment contract (Evidence No. 4) signed on June 27, 2018, and the certificate No. 5 of April 5, 2018, the date of preparation is “No. 5, 2017” but it appears that it is a clerical error.

A funding applicant may recognize the fact that the Plaintiff, a person attracting funds, C, 15,000,000 won for investment, interest rate of 2.5% for each month, and date of redemption of principal on April 5, 2019, respectively, and that the Plaintiff remitted KRW 45,000,000 to C’s account on June 27, 2017, and KRW 15,000,000 for each transfer to C’s account. According to the above fact of recognition, according to the above fact of recognition, it is only recognized that the Plaintiff invested KRW 45,00,000 for a total of KRW 45,00,000 to C, which is not the Defendant.

On the other hand, the plaintiff's assertion and the defendant are the plaintiff.

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