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(영문) 대구지방법원 서부지원 2021.01.20 2018가단63584
대여금
Text

Defendant C’s KRW 60,000,000 and its amount are 15% per annum from April 12, 2019 to May 31, 2019.

Reasons

1. Facts of recognition;

A. A. Around February 2014, the Plaintiff, his/her birth, from Defendant B, recommended Defendant C to invest KRW 50 million in a timber business proceeding in the Philippines. On March 3, 2014, the Plaintiff provided the passbook, card, and password to Defendant B after opening an account under his/her name and depositing KRW 50 million in the account. From March 5, 2014 to March 10, 2014, the Plaintiff transferred KRW 10 million to each of the accounts under the name of D, E, F, Defendant B, and Defendant C, respectively.

B. Upon soliciting Defendant B to invest in the long-term fish business, the Plaintiff transferred KRW 15 million to Defendant C’s account on April 1, 2014.

(c)

As the Plaintiff did not receive any revenue from the Defendant, the Plaintiff continuously demanded the Defendants to return the principal of the investment, and the Defendant B paid KRW 5,000,000 to the Plaintiff on November 2, 2016.

(d)

around August 1, 2019, Defendant C has been invested in each of the Plaintiff’s KRW 60 million and KRW 50 million from Defendant B with respect to the Red Business of the Philippines, and has failed to return it until now.

Investment funds will be responsible by themselves and returned to the defendant B, not related to the defendant B.

“Preparation and issuance of a written confirmation of the content.”

E. The Plaintiff asserted that “the Defendants conspired to deception the Plaintiff and defrauded the Plaintiff KRW 65 million for investment purposes” and filed a fraudulent complaint against the Defendants. However, on October 28, 2019, the Defendants rendered a non-prosecution disposition on the grounds of insufficient evidence.

[Grounds for Recognition] Unsatisfy, Gap evidence Nos. 1, 2, Eul evidence Nos. 1, 2, and 4, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff asserted that the Plaintiff invested 65 million won in total to the Defendants (i.e., KRW 50 million) but received return of KRW 5 million among them. Since the Defendants agreed to return the remaining amount of investment KRW 60 million to the Plaintiff, the Defendants are jointly and severally liable.

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