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(영문) 서울동부지방법원 2016.05.18 2014가합107558
채무부존재확인
Text

1. The part concerning the claim for the confirmation of existence of an obligation among the lawsuits in this case shall be dismissed.

2. The plaintiff's remainder against the defendants.

Reasons

Basic Facts

The plaintiff worked for SC Bank Co., Ltd. from April 2006 to December 2013. The defendants worked for the same branch of the plaintiff and the above bank. D is a person who served as the head of the E company headquarters and was known to the plaintiff and the defendants in the course of business.

On December 2, 2012, the Plaintiff: (a) heard from E company’s employee FF with the head of D’s headquarters that “When the owner of a real estate who received a secured loan intends to obtain a re-loan after repaying the secured debt, there is an investment that loans equivalent to the amount of the secured debt to be repaid and receives high-interest; (b) he knows that “G is well aware of the certified judicial scrivener; and (c) there is a case of an investment of a large-scale patient with a real estate security loan that is conducted by G. The number of real estate transactions by depositing the large-scale patient deposit to G; (d) after cancelling the real estate security right; and (e) after cancelling the real estate security right, G sent the principal and interest of 4-8% (hereinafter “small-term security business”).

The Plaintiff explained the said investment to the Defendants and H, and decided to transfer the said investment to G with money from the Defendants.

From April 2013 to December 2013, the Plaintiff received a total of KRW 1.73 billion from Defendant B, and the total of KRW 92 billion from Defendant C, and sent it to G.

Since then, the Plaintiff received the principal and interest from G, and paid the principal and interest to the Defendants.

However, from November 20, 2013 to December 28, 2013, the Defendants deposited as follows, and the redemption date has arrived on December 5, 2013. However, G and D failed to repay the principal and interest to the Plaintiff.

Serial Temporary Amount of money (won) the Plaintiff’s account G account in the Plaintiff’s name (hereinafter “Defendant”), KRW 30 million,000,000,000 financial investment, which was a new financial investment account in the Plaintiff’s account, KRW 30,000,000,000,000,000 won, from November 21, 201 to November 22, 2013.

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