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(영문) 부산지방법원서부지원 2019.10.15 2018가단100913

대여금

Text

1. The Defendant’s KRW 34,410,00 for the Plaintiff and KRW 5% per annum from July 13, 2017 to October 15, 2019.

Reasons

1. Basic facts

A. (1) Around April 2015, the Plaintiff received investment and dividend payment from the Defendant, who was introduced by D, with the knowledge of April 22, 2015, to the effect that “D makes an investment in foreign currency at the port of distribution,” the Plaintiff paid dividends of 5% per month, and the principal may be returned from the time of the investment. The detailed explanation is that “The Plaintiff directly causes D’s leakage or E”. (2) After that, around July 22, 2015, the Plaintiff visited D’s office located in the city office located in Busan Northern-gu, Busan, to make an investment similar to that of the Defendant, and on August 22, 2015, the Plaintiff directly made a request from D to pay dividends to D for five (1) months after the end of each month after the date of the investment.”

3) On August 10, 2015, the Plaintiff transferred KRW 40 million to the Defendant’s account, after hearing the explanation of the above Defendant, E, and D, and concluded investments. On September 10, 2015, the Plaintiff wired KRW 10 million on September 10, 2015, and KRW 90 million on October 27, 2015 to the Defendant’s account. (4) Meanwhile, the Plaintiff received KRW 1 million as dividends from the Defendant on September 17, 2015, including the Plaintiff received KRW 1 million from the Defendant to October 4, 2016, KRW 2165 million on a total amount of KRW 14 million from the Defendant to October 17, 2016, and received KRW 20 million on a return of KRW 7 million on September 27, 2017, and each of the said KRW 1.7 million from the Defendant’s account.

B. Defendant and D’s Defendant, as well as Plaintiff, recommended to make investment in complete futures trading, which he/she operated, while introducing D to many other persons, including Plaintiff, including Plaintiff, and as a sum from December 26, 2014 to April 20, 25,471,90. < Amended by Act No. 12835, Apr. 20, 2017>