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(영문) 인천지방법원 2016.04.27 2015나16538

대여금

Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the money ordered to be paid below shall be cancelled.

Reasons

1. The parties' assertion

A. A. Around April 2005, the Plaintiff was investigated by the Defendant on suspicion of violation of the Securities and Exchange Act, etc., and the Plaintiff was urgently required to resolve this matter, and the Plaintiff lent KRW 5,000,000 to the Defendant on May 2, 2005.

From July 2005 to August 2005, the Plaintiff borrowed KRW 30,000,000 to the Defendant around that time.

On September 1, 2005, the Plaintiff borrowed KRW 20,000,00 to the Defendant on September 1, 2005 upon the Defendant’s request for additional attorney fees.

Therefore, the Defendant is obliged to pay the Plaintiff the total amount of KRW 55,000,000.

B. Although the Defendant transferred KRW 5,00,000 from the Plaintiff on May 2, 2005 and KRW 20,000,000 on September 1, 2005, the Defendant did not lend part of the money to the Defendant, as the Defendant had selected the items of stocks at low-evaluation with the method of assessing the Plaintiff and the method of analyzing stocks, etc., and had the Plaintiff selected the items of stocks at low-evaluation. However, as profits accrued from the items invested by the Plaintiff according to the Defendant’s investment advice, it did not lend part of the money to the Defendant.

In addition, the defendant did not receive KRW 30,000,000 from the plaintiff around July 2005 through August 2005.

2. Determination

A. The plaintiff transferred KRW 5,00,000 to the defendant's national bank account on September 1, 2005, and KRW 5,000,000 to the defendant's national bank account on May 2, 2005, and transferred KRW 20,000,000 to the defendant's national bank account on September 2, 2005 can be recognized by the statement of evidence Nos. 4 and 5. The defendant was subject to criminal punishment for 1 year and 6 months in violation of the Securities and Exchange Act at the Seoul Central District Court in Seoul in 2006 (the purport of the entire argument). On the other hand, there is no evidence that the plaintiff transferred the above amount to the defendant's national bank account on September 1, 2005.

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