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1. Defendant B’s KRW 170,500,000 as well as 5% per annum from August 29, 2017 to June 7, 2018.
Reasons
1. Basic facts
A. The Plaintiff is the principal person running F Co., Ltd. (hereinafter “F”), Defendant B is the person operating the bond business, and Defendant C is the wife of Defendant B.
around January 2015, the Plaintiff and Defendant B maintained their friendship at H press personnel G located in the window of Changwon-si, Changwon-si.
B. From April 20, 2015 to February 6, 2016, the Plaintiff traded money with Defendant B by means of account transfer or cash payment as shown in attached Table 1. At that time, the Plaintiff used an account under the name of E (BNK Bank I) or an account under the name of E (BEB), and Defendant B used the account under the name of Defendant C (CFKK).
C. Meanwhile, around June 2015, the Plaintiff opened an account in the name of LF in charge of F’s accounting (CF M) and opened the said account’s cash card to Defendant B, and Defendant B traded money by using the said cash card.
【Recognition of Fact-finding】 The fact that there has been no dispute, each entry of Gap evidence 2 (including a paper number), witness N's testimony, and the purport of whole pleadings
2. The parties' assertion
A. The Plaintiff’s assertion is asserted as follows, and the Plaintiff sought a loan of KRW 211,250,000 and its delay damages against the Defendants.
1) The Plaintiff promised that the Defendants, who engage in the bond business, paid the profits by allocating interest on the loan, and lent a total of KRW 296,200,000 to the Defendants, as shown in the attached Table 1, from April 20, 2015 to February 6, 2016. (2) The Plaintiff again lent a total of KRW 184,50,000 as indicated in the attached Table 2, out of the money deposited in the L’s account from August 27, 2015 to August 20, 2016, to the Defendants for the purpose of re-investment.
3. Meanwhile, the Plaintiff received KRW 105,50,000 from the Defendants on May 14, 2015, KRW 66,000,00 on January 12, 2016, KRW 18,000 on June 19, 2016, KRW 20,000 on July 2016, and KRW 105,50,000 on account or in cash in the name of EF.