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(영문) 서울고등법원 2015.06.12 2014나45111

투자금반환

Text

1. Of the judgment of the first instance court, the part against the plaintiff corresponding to the money ordered to be paid below shall be revoked.

The defendant.

Reasons

1. The plaintiff's assertion

A. A. Around June 2005, the primary claim is made by the Defendant, “The Defendant may receive a refund of more than two times after five years if it has invested surplus funds, and the principal will be preserved at least. As such, it is necessary to maintain the credit performance until the branch is promoted. As such, an investment should be held for about five years, and an investment should be made in multiple names, as it is helpful for credit performance, and a part of it will be invested in a stock operations personnel in order to increase the return of profit.” Around that time, the Defendant entered into such investment agreement with the Defendant, and accordingly, invested KRW 60 million to the Defendant on July 13, 2005.

Since five years have elapsed since the date of the above investment, the defendant is obliged to pay at least KRW 600 million, the principal of the investment, and damages for delay to the plaintiff.

B. Even if the Defendant’s receipt of KRW 600 million from the Plaintiff was not based on the investment agreement, the Defendant, without any legal ground, obtained benefits from the Plaintiff, and thus, the Defendant is obligated to pay the Plaintiff the amount of KRW 600 million with unjust enrichment and delay damages.

2. Judgment as to the main claim

A. At around 2005, the Plaintiff was also introduced the Defendant, who was a 1-year senior high school, as well as the head of the F branch of the National Bank F branch, and at the time, C was working as the head of the National Bank F branch, and the Defendant was changed to the single securities (the first investment securities around 2007).

(2) At the time, C had been working as the vice head of D branch. At the time, the Defendant had been aware of the fact that the Plaintiff had a large amount of cash, and that the Defendant was aware of the fact that the Plaintiff had a large amount of cash.