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(영문) 서울서부지방법원 2016.07.21 2015가합182

대여금

Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Facts below the basis of facts may be found either in dispute between the parties or in accordance with the descriptions of evidence Nos. 8, 9-1, 2, and evidence No. 14-1, either as a whole, as a whole, of the arguments.

Nonparty C deposited KRW 212,40,000 in total between July 29, 2005 and October 21, 2005, and KRW 89,300,000 in total between April 19, 2006 and September 10, 2006 (hereinafter collectively referred to as “each of the instant money”), respectively, to the account of the Defendant who was a school system at that time.

B. The Defendant deposited KRW 212,400,00,00, as the Defendant deposited each of the instant money in derivatives, and made Nonparty E, the Defendant’s seat, invest in derivatives, and operate it. The amount of KRW 89,30,000,00, which was deposited by Nonparty F’s account in the name of Nonparty F (on the present name, e.g., e., e., e., e., e., e., e., e., e., e., e., e., e., e., e., e., e., e., e., e., e., e., e., e., e., e., e., e., e., e., e.

2. Summary of the parties’ assertion

A. The Plaintiff’s assertion 1) One-half of the instant money deposited to the Defendant is a general loan of KRW 150 million per interest month. The rest half of the amount is a special loan that restricts the use of derivatives as investment in derivatives and pays as interest on investment, and the Defendant is obligated to return all or part of the instant money. Even if each of the instant money is deposited under the name of investment that is not a loan, even if it is deposited in whole or in part, it is not a loan, the Defendant acquired the investment money by deceiving C on its academic background, investment ability, return rate in the course of investment, etc., and embezzled the deposited investment money by arbitrarily appropriating it for personal use.