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(영문) 인천지방법원 2018.10.17 2017가단249010

대여금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff deposited the Defendant’s account of KRW 80 million on November 2, 2007, KRW 30 million on December 1, 2007, KRW 30 million on January 11, 2008, KRW 80 million on February 19, 2008, KRW 2220 million on July 16, 2008, and KRW 450 million on July 17, 2008.

B. On November 14, 2013, the Defendant was sentenced to four years of imprisonment with prison labor for a violation of the Securities and Exchange Act at the Seoul Southern District Court, and appealed with Seoul High Court 2013No3751.

On January 15, 2015, the appellate court reversed the judgment of the court below and sentenced the defendant to 3 years of probation, 5 years of probation, 200 hours of community service order, and the judgment became final and conclusive.

The defendant's criminal facts acknowledged in the above appellate court's judgment are as follows: (a) in collusion with other accomplices, such as C, from October 2008 to June 2009, adjusted the market price of D, E, F, and G stocks through a competitive bidding or trade, or obtained profits therefrom; and (b) other accomplices, such as C, etc., such as C, etc., have assisted them to trade H and I stocks by paying high-priced purchase orders, buying orders, buying orders, selling orders, selling orders, selling orders, closing orders, and selling orders from December 12, 2007 to January 28, 2008.

[Ground of recognition] Evidence No. 1, Evidence No. 2-1, Evidence No. 2-2, Evidence No. 3 and No. 4, the purport of the whole pleadings

2. Assertion and determination

A. The plaintiff 1's assertion that the plaintiff is the defendant

1. As referred to in paragraph (a), six times from November 2, 2007 to July 17, 2008, the sum of KRW 450 million was set at 10% per interest month without setting the due date.

After that, “the details of payment and appropriation” in the attached list from the Defendant was paid in installments. If the amount was appropriated according to the order of statutory appropriation of performance by applying the highest interest rate of the Interest Limitation Act in force at the time, the principal and interest was not paid in KRW 175,583,980 as of December 1, 2010 and the principal of KRW 146,701,888 as of December 1, 2010. Thus, the Defendant sought payment of the leased principal and interest as stated in the purport of the claim.

2. Defendant C in 2007.