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(영문) 서울중앙지방법원 2019.03.20 2016가합10006

대여금

Text

1. The Defendants jointly hold the Plaintiff KRW 27,981,517, and KRW 37,918,700 and each of the above amounts.

Reasons

The following facts do not conflict between the parties, or may be recognized by comprehensively taking into account the respective descriptions (including each number; hereinafter the same shall apply) of Gap evidence 1-4, 8, and 9 and the whole purport of the pleadings.

The plaintiffs in the status of the parties are the believers of the G Educational Association located in Gangnam-gu Seoul (hereinafter referred to as the "instant church"), Defendant E is the members of the instant church and the H's representative located in Gangnam-gu Seoul, and Defendant F is Defendant E's wife.

Around November 15, 2013, Defendant E recommended Defendant E to the Plaintiff that “I will guarantee the principal when I make an investment in money because I would raise a high profit by investing in shares or venture businesses according to the Nim’s fraternity, and will pay a fixed interest rate of 1% per month.”

However, Defendant E was thought to pay the profits of other investors with the money of Plaintiff E without any ability to guarantee the high profits from the investment in stocks, etc., as well as there was no fact that Defendant E had invested in a venture business through stock investment.

Defendant E, by means of a false statement to the same effect as receiving KRW 20 million from the Plaintiff on November 15, 2013 from the Plaintiff, including the acquisition of such KRW 20,000 from the Plaintiff, thereby making a false statement.

1. From November 15, 2013 to July 14, 2015, as indicated in the list, the Plaintiff received 150 million won from A (No. 1 to 3) from the Plaintiff, from the Plaintiff himself/herself or from B, KRW 267 million (No. 4 to 28), from the Plaintiff’s name, or from the Plaintiff’s wife or wife’s name, KRW 97 million (No. 29 to 36) from the Plaintiff, and KRW 256 million (No. 37-49) from the Plaintiff D.

Defendant E was indicted for violation of the Act on the Regulation of Fraud and Unauthorized Receipt of Contracts by the Seoul Central District Court 2017 High Court 2017 High Order 1098, 1898 (Joints)

(hereinafter “1 criminal case”). Defendant E did not have the ability to guarantee high profits by investing in shares on August 10, 2017, and was different from the amount of money of victims.