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(영문) 대구지방법원 2015.08.21 2014가합5047

대여금

Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Determination on the cause of the claim

A. On December 12, 2012, the Plaintiff asserted that Defendant C and D introduced Defendant B as an investment specialist on December 12, 2012. around 2012, Defendant C and D introduced Defendant B as the Plaintiff on February 1, 2013: (a) deposited KRW 30,000,000 in Defendant C’s account on February 14, 2013; (b) deposited KRW 225,000,000 in Defendant C account on February 14, 2013; (c) Defendant C and D introduced the Plaintiff as an investment specialist. around August 20, 2012, Defendant B provided that “The Defendants were 30,000,000 won or more of investments in one month; and (d) the Defendants were required to receive more than 100,000,000 won of investments in one month as principal; and (d) the Defendants were 100,000,000 won of investments in the Defendants at any time.”

The Plaintiff demanded the full return of the money remitted to police officer on April 4, 2013. However, on March 4, 2013, the Plaintiff returned total of KRW 38,000,000,000, and the total of KRW 38,000,000 on April 18, 2014, and did not receive a refund of KRW 307,00,000,000 until now.

3) The Plaintiff filed a complaint against the Defendants on the charge of fraud, and is pending in the Daegu District Prosecutors’ Office (No. 2014 type No. 20527). While the Defendants were to make an investment proposal to the Plaintiff, the investment amount was managed in the name of the Plaintiff. However, during the investigation process, it was confirmed that out of the investment amount, the amount of the investment amount, KRW 200,000, KRW 17,000,000, and KRW 30,000,000 with the H account in the name of the Plaintiff and KRW 30,000,000 were deposited in the same account under the name of the Defendant C. (4) Defendant B and C were to manage the investment amount remitted by the Plaintiff in advance in the name of the Plaintiff, and at the request of the Plaintiff,

5. Therefore, the Defendants, as joint tortfeasor, jointly and severally, shall be KRW 307,00,000,000.