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(영문) 서울남부지방법원 2015.09.24 2015가합100175
대여금
Text

1. Defendant F Co., Ltd.: (a) KRW 230,00,000 to Plaintiff A; (b) KRW 209,000,000 to Plaintiff C; and (c) KRW 20,000,00 to Plaintiff B; and

Reasons

1. Facts of recognition;

A. The Plaintiffs, around April 2010 and around August 2010, recommended investment from Defendant E and Preliminary Defendant D, the representative director of Defendant F, who was Defendant F, as the actual manager, and paid to Defendant F a total of KRW 459,00,000 as indicated below.

However, part of the money paid by the plaintiff C was sent in the name of G (the plaintiff A and C's children), H (the plaintiff A and C's children), I (the plaintiff C's children) and I (the plaintiff C's children).

8. 0. 20. 20. 10, 200. 10. 10, 200. 20. 10,000 on August 10, 2010; 10,000, 2000 on November 22, 2010; 230,000; 30. 10,000 on April 28, 2000; 10,000; 10. 10,000 on April 30, 200; 10,000 on April 30, 200, 200; 10,000 on May 11, 200, 200; 10,00 on May 10, 200; 200 on May 20, 2000;

B. Defendant F prepared and delivered to Plaintiff A a certificate of loan with the content that he/she intends to fully repay KRW 20,000,000,000, which was invested on the same day on July 8, 2010, by August 8, 2010, and a certificate of loan with the content that he/she would fully repay KRW 180,000,000, which was paid on the same day on August 10, 2010, by September 10, 2010.

C. In addition, on July 8, 2010, Defendant F prepared and delivered to Plaintiff B a loan certificate with the content that Defendant F would pay the full amount of KRW 20,000,000 invested on the same day by August 8, 2010.

From August 9, 2010 to February 28, 2011, Defendant F paid to Plaintiff A totaling KRW 53,290,500 as dividends on the amount paid by Plaintiff A. From May 11, 2010 to March 4, 2011, Defendant C paid KRW 87,189,500 in total as dividends on the amount paid by Plaintiff C. From August 9, 2010 to January 13, 201, Defendant F paid KRW 6,352,50 in total as dividends on the amount paid by Plaintiff B.

E. Meanwhile, Defendant FF.

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