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(영문) 부산지방법원서부지원 2019.10.11 2018가단100906

대여금

Text

1. The Defendant: (a) KRW 81,180,000 for the Plaintiff and 5% per annum from July 28, 2017 to October 11, 2019; and (b).

Reasons

1. Facts of recognition;

A. On April 9, 2014, the Plaintiff received contact related to investment from the Defendant, known to the Plaintiff prior to the lapse of ten (10) years, and thereafter was solicited to make investment several times thereafter. The Plaintiff stated that “The Plaintiff is a safe investment in which the representative C of the Korea Exchange Futures Corporation operating the foreign exchange futures investment, making profits, and making no principal loss. In making an investment, interest at the rate of 5% per month shall be paid, and the principal shall be repaid one (1) year if the principal is requested to be repaid one (1) month prior to the arrival of one (1) year in the repayment of principal. The Plaintiff transferred the principal to the Defendant’s account on April 9, 2015, KRW 10 million,000,000 to the Defendant’s account.” The Plaintiff introduced the said investment account to D around July 2015, and paid KRW 10,000,000,000,000,000,000 won and KRW 10,500,00.

On August 2015, the Plaintiff and D visited C’s office located at the port of publication around August 2015, and told C to the effect that “FX is the highest authority and is safe if it has made an investment in Korea.”

3) The Plaintiff, under the pretext of investment in foreign exchange futures trading operated by C, remitted a total of KRW 260,000,000 to the Defendant’s account by October 27, 2015, including KRW 10 million on April 9, 2015, as indicated in the following table. The Defendant immediately delivered the amount of investment transferred from the Plaintiff to C or E. The Plaintiff received KRW 500,000 as dividends from the Defendant on May 16, 2015, including that the Plaintiff received KRW 500,000 as dividends from around October 4, 2016.

The dividends on the date of the order 50,000 on May 16, 2015, 16, 2015, 500,000 on June 17, 2015, 300 on July 17, 2015, 50,000 on August 17, 2015; 50,000 on August 17, 2015; 50,000 on September 17, 2015; 60,00 on September 3, 2015; 3,000,000,000 on September 30, 200 on September 30, 2015;