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(영문) 대구지방법원 서부지원 2021.03.24 2020가단55937
대여금
Text

The plaintiff's personal rehabilitation claim against the defendant is 143,010,401 won and the amount of full repayment from May 23, 2020 to the plaintiff's personal rehabilitation claim.

Reasons

1. Facts of recognition;

A. On September 16, 2019, the Defendant borrowed KRW 150 million from the Plaintiff as of January 31, 2020 on the date of repayment and 4% per annum.

B. The Defendant was prosecuted as a fraud in relation to the above lending of money, and the court of the first instance found the Defendant guilty of the crime following November 10, 2020 and sentenced one year to imprisonment (Seoul District Court 2020 order 3297). Accordingly, the Defendant appealed for the reason that the sentencing was unfair, and the appellate court reversed the judgment of the lower court and sentenced ten months to imprisonment with prison labor on the ground that the lower court was found guilty of the following criminal facts but the lower court’s sentence was too unreasonable due to the lack of punishment (Tgu District Court 2020No 3772). The prosecutor and the Defendant did not file a final appeal, which became final and conclusive as it is.

The defendant is a person who has served as a regular director in C, and retired on January 15, 2020.

On August 31, 2019, the Defendant: (a) at the office of the Seoul Special Metropolitan City D Co., Ltd. (Seoul Special Metropolitan City Co., Ltd.) Co., Ltd. (hereinafter referred to as the “C Co., Ltd.”) of the Daegu Special Metropolitan City Co., Ltd. (hereinafter referred to as the “C Co., Ltd.”); (b) borrowed KRW 150,000,000 from the business fund, he

“.........”

However, in fact, the defendant thought that he borrowed money from the injured party for the purpose of stock investment and personal debt repayment, etc., and did not have the intention or ability to repay the borrowed money within the above time limit.

On September 17, 2019, the Defendant, by deceiving the victim, received money from the victim to the F bank account in the name of the Defendant on September 17, 2019, and acquired money from the victim.

(c)

On April 28, 2020, the Plaintiff filed the instant lawsuit seeking payment of delayed damages calculated at the rate of 143,010,401 per annum from February 1, 2020 to the delivery date of a copy of the instant complaint from February 1, 2020, and 12% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment.

After filing the instant lawsuit, September 29, 2020.

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