beta
Text
1. The Defendant’s KRW 30,000,000 and its amount shall be 5% per annum from May 10, 2016 to November 25, 2016 to the Plaintiff.
Reasons
1. Basic facts
A. At the beginning of June 2007, the Plaintiff requested the Defendant to make a stock investment by lending money from Nonparty C, a relative to the Defendant, who was personally making a stock investment from a securities company. At the Defendant’s request, upon deposit of KRW 30,000,000,000 in the KIKO Securities Account opened under his own name, and notified the Defendant of the ID and password of the said account and operated it for the stock investment.
B. Since then, as losses were incurred from the above stock investment, the Defendant borrowed the amount of KRW 30 million from C and the Plaintiff on June 8, 2007 (Evidence A No. 1) and the above KRW 30 million from the fact that the Defendant borrowed KRW 30 million from C and the Plaintiff. The same year.
9. As of June 8, 2007, the letter of payment (Evidence A2) dated June 8, 2007 was prepared and delivered to the Plaintiff.
C. On May 23, 2010, the Plaintiff repaid KRW 60 million to C.
[Reasons for Recognition] Facts that there is no dispute between the parties, Gap evidence Nos. 1 through 5 (including paper numbers), the purport of the whole pleadings
2. Determination:
A. According to the above facts in determining the cause of the claim, the Plaintiff borrowed money from C to the Defendant, but requested the Defendant to make an investment in stocks, and received a loan and a written rejection of payment equivalent to KRW 30 million from the Defendant, which expressed the intent to return to the Plaintiff the money equivalent to the above money. Thus, the Defendant is liable to pay to the Plaintiff the amount of KRW 30 million from May 10, 2016 to November 25, 2016, the following day after the service of the payment order was served on the court 2016 No. 18842, the notice of the payment order, which is the date of the decision of this case, to dispute about the existence and scope of the obligation, by 5% per annum under the Civil Act and 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, from the following day until the full payment date.
The plaintiff asserts that it is the date of lease as damages for delay with respect to the above money, the payment order is decided from June 8, 2007.