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(영문) 대구고등법원 2015.05.28 2014나3680
대여금등
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. The facts following the facts do not conflict between the parties, or can be acknowledged in full view of the entries in Gap evidence Nos. 1, 2, and 3 (including the whole number, if any; hereinafter the same shall apply) and the whole purport of the pleadings:

1) The relationship between the parties 1) Co-Defendant B Co-Defendant B (hereinafter “B”) in the first instance trial is a company aimed at real estate development, real estate sale, and real estate consulting. Co-Defendant C (hereinafter “C”) in the first instance trial is the representative director B, and the Defendant is the employee B engaged in the business of soliciting investors. 2) The Plaintiff is a person who invested funds in B through the Defendant.

B. B on January 29, 2013, B drafted and delivered to the Plaintiff a letter of payment (Evidence 3, 200,000, and the above amount to the Plaintiff up to June 30, 2013) stating that “The Plaintiff shall pay the amount to the Plaintiff by June 30, 2013. If not paid by the due date, a civil or criminal liability shall be borne by the Plaintiff, but the certificate of loan (debtor: D) written prior to the due date of full payment of the above amount shall be null and void: the case invested in the development project: if the case is invested in the development project: if the agreement is made to pay the agreed interest amount at the time of occurrence of the project undertaken in B by June 30, 2013, the letter of payment (Evidence 3; hereinafter “B’s payment rejection”) was written and delivered to the Plaintiff. 2C as to the above obligation of the Plaintiff on that date.

C. Each of the Defendant’s respective notes of investment and loan 1) The Defendant: (a) on April 1, 2010, each of the following statements: (b) the Defendant: (c) on an investment that reads the Plaintiff: (a) on April 1, 2010, the statement of investment that reads that “if the principal amount is invested in B, the Defendant pledges to compensate for the amount of damages equivalent to the amount of the principal amount of losses when the principal amount is incurred; (b) on November 2, 2010, the statement of investment that reads that “if the principal amount is incurred at maturity (as of November 2, 2011), the Defendant shall be fully responsible for the principal amount if the principal amount is invested in B.” (Evidence 1-2, 200, hereinafter each of the above statements of investment.

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