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(영문) 대전지방법원 2020.12.03 2020가단100632

투자금반환 등 청구의 소

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1. The defendant shall pay to the plaintiff KRW 60,000,000 as well as 12% per annum from November 5, 2020 to the day of complete payment.

Reasons

1. Basic facts

A. On December 2017, the Plaintiff received a proposal for investment related to the claim C (hereinafter “C”) from the Defendant, a branch, and remitted KRW 100 million to the Defendant’s account on December 15, 2017.

B. On the other hand, on February 21, 2018, the Defendant requested the Plaintiff to purchase shares of D Co., Ltd. (hereinafter “D”) equivalent to KRW 10 million. In response, the Plaintiff lent KRW 10 million to the Defendant on February 22, 2018 by the method of purchasing the said shares on behalf of the Defendant.

C. Since then, the Plaintiff requested the Defendant to return the investment amount related to C claims. On February 7, 2019, the Defendant sent to the Plaintiff a Kakao Stockholm message stating that “ even though he had understood as Mason’s horse, it was late, this year would have been under stressed. From February 15, 2019, the Plaintiff would be able to recover even before the original, even if she was in the Republic of Korea,” and on February 15, 2019, “Indonesia, 19, 19,000,000 won was sent first, and 30,000 won was sent to the Plaintiff.”

Since then, the Defendant remitted to the Plaintiff the sum of KRW 30 million on February 19, 2019, and KRW 50 million on May 8, 2019.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 and 2 (including branch numbers for those with additional numbers), the purport of the whole pleadings

2. Judgment on the plaintiff's claim

A. According to the above facts, the Plaintiff and the Defendant agreed to return KRW 100,000,000 (the selective claim for the return of investment amount or the agreed amount) to the Plaintiff around February 2019. Thus, the Defendant is obligated to pay to the Plaintiff the remainder of KRW 50,000,000,000 after deducting the amount of KRW 50,000,000 paid to the Plaintiff out of KRW 100,000,000, and damages for delay.

As to this part, the part concerning the return of selective claimant's investment deposit is separate in the case of accepting the plaintiff's claim.