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(영문) 부산지방법원동부지원 2020.11.26 2018가합104992

약정금

Text

Defendant E shall, within the scope of the property inherited from the net F, pay to the Plaintiff KRW 50,00,000 and the Plaintiff on August 4, 2020.

Reasons

1. Basic facts

A. The Plaintiff and Defendant B, C, and F traded 1) wired a total of KRW 821,90,000 to the account under Defendant B’s name on several occasions from May 29, 2014 to February 14, 2017 under the pretext of investment in the gift certificates sales business. From April 30, 2015 to February 28, 2017, the Plaintiff received the amount of KRW 345,050,000 in total on several occasions during several occasions between April 30, 2015 and February 28, 2017, including KRW 240,000,000 in total, and KRW 10,000 in total from July 9, 2017 to October 15, 2017 (hereinafter “the amount”).

(2) In addition, between July 22, 2017 and September 21, 2017, the Plaintiff transferred a total of KRW 230,000,000 to an account in the name of F over several times as an investment money in connection with the merchandise coupon sales business, and received KRW 183,10,000 in total on several occasions as a revenue from F from July 25, 2017 to October 2, 2017.

(hereinafter “instant 2 monetary transaction”). B.

On the other hand, the Plaintiff and the Defendant C have transferred KRW 413,00,000 to Defendant C over several occasions during the period from March 5, 2017 to April 22, 2017 as investment money in connection with gift certificate sales business, through an account in the name of Defendant D managed by Defendant C, and received KRW 458,00,000 in total from Defendant C during several times during the period from March 8, 2017 to October 18, 2017 (hereinafter “instant three transaction”).

(2) After that, Defendant C was sentenced to the punishment of imprisonment of December 19, 2019 on the following grounds: “When Defendant C has invested in gift certificates sales business on March 2017, Defendant C, as if it would guarantee the principal and high profits, he/she had deceiving the Plaintiff, thereby deceiving the Plaintiff, and fraudulently acquired KRW 413,00,000 from the Plaintiff,” on the basis of criminal facts: (a) Defendant C was prosecuted as the Daegu District Court 2019Da4032; and (b) Defendant C was sentenced to the punishment of imprisonment of December 19, 2019.” The said lawsuit is currently at the appellate court.