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(영문) 창원지방법원마산지원 2019.06.11 2018가단105418

대여금

Text

1. The Defendant shall pay to the Plaintiff KRW 67,917,064 and the interest rate of KRW 25% per annum from February 1, 2018 to the day of complete payment.

Reasons

1. Basic facts

A. The plaintiff and the defendant are employees of C Co., Ltd.

The defendant is the wife of D, the representative director of the company.

B. F and G criminal punishment 1) From February 4, 2012 to G et al., F guarantees the principal of the investment when investing in the name H and I, which is an old company, from G et al., and pays a fixed profit by 7% to 10% per month. If the request was made before two months, G et al. made a false statement by collecting a large number of investors who return the principal at any time, and as a result, G et al. inducedd investors from J et al.; thereby, F was charged as a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), Fraud, and the Regulation of Unauthorized Receiving Act, and G was sentenced to six years of imprisonment in the first instance on April 4, 2019; G was sentenced to one year of imprisonment (Seoul District Court Decision 2018Du2288).

[Supplementary High Court (original High Court) 2019No141] C.

In succession, G solicited E to make the same investment as described in paragraph (b), and solicited approximately KRW 683.5 million in total from February 2016 to December 2017, and solicited the Defendant to make the same investment, and attracting approximately KRW 423 billion in total from March 2016 to January 2018. 2) The Defendant recommended the Plaintiff to make the same investment as described in paragraph (b) and delivered the Plaintiff KRW 10 million on June 26, 2017, and KRW 50 million on August 18, 2017, KRW 60 million on September 4, 2017, KRW 200 million on September 26, 2017, KRW 300,000,000 in total, KRW 300,300,000 in total,300,300,000 won in each E.

(Alternatively, the Plaintiff, the Defendant, E, and G transfer in succession, or the KRW 20 million out of the KRW 90 million on September 26, 2017, which was as of September 26, 2017, was exempted from the account transfer by having the Defendant directly transfer to E account upon request from the Plaintiff due to the issue of the limit of transfer of the Defendant’s account. The details of the money that the Defendant delivered to G by adding the investment funds held by the Plaintiff and its investments to G are as follows.

B G A A A. A.