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(영문) 전주지방법원 2016.09.28 2015가합617

대여금

Text

1. The Defendants jointly committed against Plaintiff A with the amount of KRW 47,542,00 and the said amount from December 10, 2014 to Plaintiff B, and 76.

Reasons

Facts of recognition

A. The Defendants run a fund-raising company under the name of “F” from April 201 to December 2014, and Defendant D was the representative, and Defendant E was the director.

B. Defendant E, upon paying a certain amount to an unspecified number of unspecified persons, guaranteed the repayment of principal on the due date of the loan period of two years, paid in cash the monthly loan principal (24% per annum) and raised funds by preparing a loan contract with the contents of the loan contract guaranteed by the recruiters. Defendant D bears the role of taking full charge of asset management, such as investing in securities, futures, options transactions with the collected funds. Defendant E collected 0.5% per annum (6% per annum) of the monthly amount collected from the victims to guarantee the loan contract by himself/herself.

C. The Defendants were aware of the FF’s operating and operating status of investments, and most losses incurred by failure to make an investment are transferred to subordinate investors. Accordingly, the Defendants borrowed money from the Plaintiffs, even though they knew of the risk that it would be impossible to pay the difference in the amount of the invested principal as well as the dividends paid to the investors.

1) On October 15, 2013, Plaintiff A lent KRW 20 million interest rate to Defendant D, KRW 50 million on October 15, 2013, KRW 20 million on October 10, 2015, KRW 20 million on June 13, 2014, and KRW 20 million on July 10, 2016, and Defendant E jointly and severally guaranteed it. Plaintiff B loaned Defendant D the interest rate of KRW 35 million on September 15, 2014, KRW 2% on October 10, 2016, KRW 50 million on September 17, 2014, and Defendant E loaned the interest rate of KRW 2% on October 10, 2016, KRW 2% on September 17, 2014, and Defendant E on October 10, 2016.

3 Plaintiff C lent KRW 80 million to Defendant D on December 3, 2014 as interest rate of KRW 2% and due date of repayment on December 10, 2016, and Defendant E jointly and severally guaranteed this.

Defendant E is the Jeonju District Court for facts constituting the above facts.