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(영문) 서울동부지방법원 2018.06.22 2017가합108309

대여금

Text

1. The Defendant shall pay to the Plaintiff KRW 309,00,000 and the interest rate of KRW 15% per annum from August 2, 2017 to the day of complete payment.

Reasons

1. Basic facts

A. On January 17, 2017, the Plaintiff received a certificate of borrowing from the Defendant stating, “I confirm that the Defendant borrowed KRW 300 million to the Plaintiff.” The Plaintiff opened a securities account in the Plaintiff’s name (hereinafter “instant account”) and deposited KRW 300 million into the said account and had the Defendant trade the shares to the said account.

B. On January 18, 2017, the Plaintiff entered the instant account with 2,500 shares in Korean medicine, and 185 shares in Korean medicine. The Defendant sold all the shares on January 20, 2017.

Total (101,604,403). (c)

On January 19, 2017, the Defendant borrowed KRW 300 million in the name of the Plaintiff with the instant account as collateral, and deposited KRW 293,925,000 after deducting the fee into the said account.

On February 27, 2017, the Plaintiff transferred KRW 30.6 million to the Defendant’s account under the name of the Defendant by having the Defendant lent money for the repayment of advance payment. On March 22, 2017, the Plaintiff ordered the Defendant to withdraw KRW 15 million from the instant account.

E. From January 20, 2017 to May 17, 2017, the Defendant traded shares with the money deposited in the instant account, but incurred losses. On May 17, 2017, the Defendant returned the said account to the Plaintiff.

F. On May 17, 2017, the Defendant: (a) on May 17, 2017, “345 million won per day” to the Plaintiff.

Won. Of the above amounts, KRW 300 million was received from a financial investment in Dong-dong Fire, and KRW 100 million was transferred to the integrated account operated by it and operated by it.

30 million won was lent to the Party for reimbursement, and KRW 15 million was presented to the Party and released from the Plaintiff’s account in connection with the repurchase.

The loss of KRW 163 million is incurred while operating the Plaintiff's account.

I would like to fully repay all the funds borrowed from the Plaintiff in the best manner.

“The Defendant issued the details of the loan certificate as stated.” The Defendant on the same day.