beta
(영문) 서울고등법원 2019.07.05 2018나2065058

대여금

Text

1. The part of the judgment of the court of first instance against the plaintiff corresponding to the amount ordered to be paid below shall be revoked.

The defendant.

Reasons

1. Basic facts

A. C Company (hereinafter “C”) is a similar recipient company that without obtaining authorization, permission, registration, reporting, etc. under statutes and without attracting investment funds from many unspecified persons for the purpose of overseas stock investment. The Defendant held office as the head of headquarters from October 2016 to March 2017, and the representative director from July 2017 to September 2017, and the Defendant’s representative director from October 2016 to March 2017, who served as the head of headquarters, was D.

B. After that, the Defendant was prosecuted for committing an act of fund-raising without delay, which received a total of KRW 81 million from around October 1, 2016 to October 1, 2017, 27, and was sentenced to one year’s imprisonment with labor for a violation of the Act on the Regulation of Conducting Fund-Raising Business in the Chuncheon District Court’s Original District Court Decision 2018Kadan825 on October 11, 2018. On December 7, 2012, the Defendant was convicted of imprisonment with labor for 2018No985, which is the appellate court, and the said judgment became final and conclusive at that time.

(A) evidence 17 1, 2) c.

On the other hand, while the Plaintiff agreed to lend money to C six times through F as a business member of C, the Plaintiff was issued each of the following contract specifications (hereinafter collectively referred to as “each of the contract specifications of this case”).

However, among each of the instant contract specifications, the contract specifications dated October 26, 2016 (loans: KRW 10 million: interest rate: KRW 2% per month; maturity for payment is not determined); and the contract specifications dated February 14, 2017 (loans: KRW 10 million: interest rate: KRW 2% per month; maturity for payment is not determined); and

3. The contract statement of 15.15. (Loan: 26.0 million won, interest rate: 2% per month, and no time limit for payment:) is the name of the representative director D of C at the time, the contract statement of July 7, 2017 (loan: 20 million won, interest rate: 1% in July, 200, 2% in August, 3% in September, and 3% in September: 200; and the time limit for payment: 10.20% in October);

7.14. 14. Contract Statement (loan: 136 million won, interest rate: 1% in July, 2% in August, 3% in September, 3% in September, and due date: 10.20.) and

9.4. Loans on Contract Statements: 60 million won.