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(영문) 서울중앙지방법원 2020.06.18 2018가단5244252
대여금등청구의 소
Text

1. Defendant D:

A. 1,810,428 won shall be paid to the Plaintiff A;

B. Plaintiff B: 60,500,000 won, and 32,000.

Reasons

1. Basic facts

A. Around 2016, Plaintiff A transferred money to Defendant D, as indicated below, to Defendant D.

title 12 3 4 5 6 7 8 9 10.

2. 11

d. 11.4.18

4. Amount of 230 million won on April 28, 27, 200,0000 2.225 million won on June 6, 13, 2000 on May 24, 27, 20000 2.25 million won on May 25, 2000 . 35 million won on May 13, 27, 2000 .

B. Defendant D’s fraud (1) on February 2016, 2016, Defendant D made a false statement to the effect that “I would allow the Plaintiff to lend money to the business operators in need of salary and receive interest from the said business operators. In this context, Defendant D would guarantee the principal and pay 2% interest of the principal each month.”

However, in fact, even though Defendant D invested in G, which had been punished for the act of fund-raising in the past since the mid-2015, in spite of the fact that it had not been properly paid earnings, it was thought that he would invest in G the money received from the Plaintiff, and since the remaining money was intended to be used for the personal purpose of Defendant D or for the purpose of paying the profits of the existing investors, there was no intention or ability to pay the money promised to the Plaintiff A.

Nevertheless, Defendant D, as above, by deceiving the Plaintiff A, received KRW 20,000 from the Plaintiff as described in No. 1 of the above table from the Plaintiff and acquired it by transfer.

(hereinafter) As to the above money, the acquisition fund is required to be delegated to the Plaintiff’s agent for Defendant E Co., Ltd. (hereinafter “Defendant Co., Ltd.”) on April 2016, the Plaintiff and Defendant D’s conditional investment agreement for guaranteeing the principal and interest payment. (2) Defendant D delegated the Plaintiff’s agent for Defendant E Co., Ltd. (hereinafter “Defendant Co., Ltd.”) to the Plaintiff on behalf of the Plaintiff around April 2016. The said investment would guarantee the principal and pay 2% interest of the principal amount each month.

Accordingly, the plaintiff A is the plaintiff B and C who was present at the same workplace at that time.

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