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(영문) 서울북부지방법원 2020.11.19 2018가합21696
손해배상(기)
Text

1. The part of the plaintiffs' claim for revocation of fraudulent act against Defendant L is dismissed.

2. Defendant J:

A. The plaintiff.

Reasons

Basic Facts

The defendant J as the parties is an owner who is located in Jung-gu, Seoul and organized and operated a successful bid system for merchants, and the plaintiffs and defendant M are those who participated in the successful bid system operated by defendant J.

Defendant K is the spouse of Defendant J, and Defendant L is the children of Defendant J and K.

Plaintiff

On July 25, 2015, Plaintiff A agreed to pay 2% interest per month on each of the above loans by converting Defendant J into the loan amount of KRW 90 million to Defendant J, and by additionally lending KRW 30 million to Defendant J, the Plaintiff agreed to receive interest on each of the above loans.

Plaintiff

On May 5, 2016, A agreed with Defendant J to convert the amount of KRW 84 million paid from Defendant J to the borrowed amount, and to receive 2% interest on each of the said borrowed amounts by additionally lending KRW 16 million to Defendant J.

Plaintiff

On April 20, 2017, A agreed with Defendant J on April 20, 201 to receive interest rate of 2% per month on the said borrowed money, converting Defendant J into the borrowed amount of KRW 30 million.

Plaintiff

B agreed to each of the above loans that Defendant J loaned KRW 100 million in total from around 2013 to around 2017, KRW 50 million on May 25, 2016, KRW 50 million on May 2, 2017, KRW 50 million on June 22, 2017, and KRW 1% interest on each of the above loans.

Plaintiff

H around 2013 agreed to lend 30 million won to Defendant J and to pay 20% interest per annum on the above borrowed money.

On April 25, 2017, Defendant J organized the award award system (hereinafter “instant award system”).

The winning contract of this case was operated in such a way that the members of the fraternity pay a sum of three million won per unit per unit to Defendant J, which is the owner of the fraternity, and the amount of the fraternity is determined for each ten days (five day of each month, fifteen day of each month, and twenty five day).

The amount of KRW 75 million per time (i.e., KRW 3 million x 25 accounts) is the stock price per time.

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