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(영문) 서울동부지방법원 2020.10.16 2020나22591
대여금
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. The facts under the basis of facts do not conflict between the parties, or may be acknowledged by comprehensively taking account of the overall purport of the arguments in Gap evidence Nos. 1-4 and Eul evidence Nos. 1-3 (including each number; hereinafter the same shall apply).

The plaintiff and the defendant are relatives, and C is a person who has operated the E (hereinafter referred to as “E”) as a similar recipient company.

B. On April 3, 2017, the Plaintiff remitted each amount of KRW 20 million to the Defendant’s deposit account, and KRW 20 million on April 24, 2017. On the same day, the Defendant remitted each of the said money to C’s deposit account (F).

C. On September 2017, the Defendant: (a) stated that the Plaintiff was subject to fraud from D, etc., the head of the headquarters of C and E’s business; (b) provided that C, etc. should file a complaint; and (c) lent KRW 1.67 million out of the attorney fee.

Accordingly, on September 21, 2017, the Plaintiff remitted KRW 1.67 million to the Defendant. On September 26, 2017, the Defendant filed a complaint with the Mine Police Station by asserting that “C, etc., had no intention or ability to return the return of investment profits, by deceiving the Defendant and deceiving the Defendant with a view to 31 million won.”

C In the case of violation of the Act on the Regulation of Unauthorized Receipt of Goods by Seoul Eastern District Court 2018Kadan254 on August 10, 2018, the Defendant, in collusion with G, did not grant authorization, permission, registration, etc. from the competent authority on April 8, 2016 at H office, and would purchase gift certificates at the department store in the city and sell them to wholesalers, etc., and create high profits by more than 10% per month from market price gains by selling them to 0.5% per day.

The principal of the investment shall be guaranteed, 25% of the dividends shall be paid for three months during the contract period, and 15% of the allowances shall be paid when the investor is introduced.

From January 2017 to 20 million won for each person, the investment agreement period shall be set at three months, and the investment principal shall be paid at the maturity of each share, and re-investment shall be made by re-contract on a three-month basis.

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