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(영문) 수원지방법원 2017.06.30 2017가단502046

대여금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The parties' assertion

A. Plaintiff 1) The primary assertion is that the Plaintiff loaned KRW 40,000,000 to the Defendant from around January 2012 to August 2014, and drafted a loan certificate with the Defendant around August 2014. As such, the Defendant is obligated to pay the Plaintiff a loan of KRW 40,000,000 and delay damages therefor. 2) Even if the primary assertion is not a loan, the Plaintiff entered into an agreement with the Defendant for a discretionary purchase and sale of shares around January 2012, and Article 6 of the said agreement provides that “The Plaintiff shall not compensate the Defendant for any loss incurred in the discretionary sale and purchase of shares or guarantee any interest in the discretionary sale and purchase of shares.”

However, the Plaintiff suffered losses from investment in KRW 23,926,989 during the period of being entrusted with investment in shares by the Defendant, and the amount paid by the Plaintiff to the Defendant exceeds KRW 1,50,391 above the amount paid by the Defendant to the Plaintiff. The Defendant is obligated to pay to the Plaintiff the Plaintiff the total of KRW 25,427,380 (= KRW 23,926,989, KRW 1,500,391) in accordance with the Agreement on Discretionary Investment in Stocks, and delay damages therefrom.

B. Defendant 1) The Defendant’s name, resident registration number, and address as stated in the evidence No. 1 (Evidence No. 1) are written in writing by the Defendant and signed below. However, upon the Plaintiff’s request to refer to the meaning that the Plaintiff is entrusted to the Plaintiff to handle the business to be carried out in the name of the Defendant in relation to the sale and purchase of discretionary services, it does not prepare a loan certificate by stating it in the blank brought by the Plaintiff and signing it. 2) From January 2012 to August 2014, the Defendant was merely engaged in a private monetary transaction with the Plaintiff, and the Defendant did not borrow KRW 40,00,000 from the Plaintiff.

3. The agreement that the Plaintiff, who did not register the financial investment business, concluded with the Defendant on the discretionary investment of stocks, is unlawful, and the Plaintiff received trading commission and loan interest from the Defendant in violation of Article 6 of the agreement.