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(영문) 부산지방법원서부지원 2019.09.05 2018가합100187

대여금

Text

1. The Defendant’s KRW 218,992,00 as well as 5% per annum from April 29, 2016 to September 5, 2019 to the Plaintiff.

Reasons

1. In full view of the respective descriptions of Gap evidence Nos. 1 to 25, Eul evidence Nos. 1 to 4 (including branch numbers; hereinafter the same shall apply) and the whole purport of the pleadings, the following facts are recognized:

A. On July 2015, the Plaintiff introduced the Defendant along with the horses that “There is an investment vehicle that can earn a large amount of profit.” The Plaintiff entered the Defendant’s home and explained from the Defendant that “An investment made a large amount of profit through foreign exchange futures trading. If an investment is made, 5% of the monthly investment may be paid as dividends, and the principal may be returned upon a request for redemption after one year.” 2) After visiting the office located at the port of the port of the Republic of Korea, where C is operated by the Defendant’s introduction, the Plaintiff directly visited C, “The Plaintiff has been engaged in foreign exchange futures trading for several years, and made a stable profit by developing the automatic trading program.” The Plaintiff paid 5% of the monthly investment amount as dividends every month, and the principal shall be repaid only one month prior to the lapse of one year.”

3) After hearing the aforementioned explanation, the Plaintiff wired KRW 60,00,000 to the Defendant’s account under the name of the Defendant on July 24, 2015, to KRW 60,000,000 on August 10, 2015, KRW 25,000 on August 11, 2015, KRW 5,000 on August 12, 2015, and KRW 30,000 on August 26, 2015, and KRW 60,00,000 on principal and interest, KRW 30,000 on October 26, 205, and KRW 60,00 on June 27, 2015 to the Defendant’s account under the name of 0,000, KRW 60,000 on foreign exchange futures trading.