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(영문) 서울고등법원 2015.01.20 2013나41532

계금 등

Text

1. All appeals filed by the Plaintiff (designated parties) and the designated parties and claims modified or added in the trial.

Reasons

1. Basic facts

A. A. Around June 2008, Defendant Selection was asked by S, a bad credit holder, to “a loan money to operate a bank and a loan money to be paid out from the members of the bank.”

Defendant Selected lent to S the lease deposit amount of KRW 18,00,000 out of KRW 20,000 of the lease deposit amount of 1204,000,000,000 in Seoul Special Metropolitan City Telecommunication building (hereinafter “the instant bank”) and leased the instant bank under the name of the lessee I to secure this, and issued S with each passbook and cash card in the bank account (Account Number U), the new bank bank account (Account Number V), the national bank bank account (Account Number W) and the bank account (Account Number).

B. From April 1, 2008 to January 20, 2010, S operated a number system or successful bid (hereinafter collectively referred to as “instant system”) against the members, including Plaintiff (Withdrawal), B, C, and Plaintiff’s designated parties (excluding Plaintiff (Appointed Party). From April 1, 2008 to January 20, S received the payment of the fraternity from the fraternity members in cash or deposited it in the said deposit account in the first name.

C. On January 20, 2010, when the instant fraternity operated by S was spreaded on or around January 20, 2010, the members filed a complaint against S and Defendant Selection in fraud, etc., and S was indicted on the criminal facts, etc. that “I, while operating a fraternity in an abnormal manner, took place as if it could be maintained in a normal manner, and received the fraternity from the fraternity members from them,” and was sentenced to one year and six months of imprisonment and became final and conclusive as they were (Seoul Central District Court Decisions 2010Da4971, May 25, 201; 201No1789, Oct. 31, 201). Defendant I was dismissed for the same reason that there was insufficient evidence that C was practically involved in the operation of the fraternity, and that it was also dismissed for the same reason.

Seoul High Court on 2012.