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1. As to KRW 202,266,574 and KRW 200,00,00 among the Plaintiff, the Defendant shall pay to the Plaintiff the year from March 16, 2015 to October 3, 2015.
Reasons
1. Basic facts
A. On July 2014, the Defendant, a mother of Samsung-gu, one’s own female-friendly Gu, concluded that “The Plaintiff, prior to the public offering of the instant shares, purchased SamsungS issue shares (hereinafter “instant shares”) into over-the-counter trading accounts in the name of the Plaintiff and would bring them into the Plaintiff into the account in the name of the Plaintiff. After the public offering, the Defendant concluded that the Plaintiff, a mother of SamsungS issue shares (hereinafter “instant shares”) would be entitled to gain a large amount of profit from the market price of the Plaintiff.”
B. The Plaintiff asked the Defendant to purchase the instant shares, and accordingly, transferred the purchase price of KRW 200 million from the bank account under C’s name to the bank account under the Defendant’s name on July 31, 2014.
C. However, on November 14, 2014, the Defendant purchased the instant shares to the Plaintiff by November 14, 2014, and did not return the said KRW 200 million.
Around December 2014, the Defendant sent a text message to the Plaintiff stating, “The Plaintiff consumed KRW 200 million of the purchase price of the instant shares, and the parents may not return to the Plaintiff in lump sum because they had no intention to assist him/her to do so.”
E. The Defendant remitted KRW 3,980,000 in total to the bank account in the name of the Plaintiff, including ① 2,980,000 on December 23, 2014 and ② 1,000,000 on March 16, 2015.
[Reasons for Recognition] Unsatisfy, each entry in Gap evidence 1 to 5 (including virtual numbers), and the purport of the whole pleadings
2. Determination as to the cause of action
A. In full view of the following facts established prior to the establishment of the liability for damages, the Defendant said that the Plaintiff would purchase the instant shares from the beginning, and received KRW 200 million from the Plaintiff, even though there was no intention or ability to purchase the instant shares from the beginning.
The defendant shall be liable for damages caused by the tort against the plaintiff.
① The Defendant, from the beginning, did not receive KRW 200,000 from the Plaintiff the instant shares to the Plaintiff, and rather did not receive KRW 20,000 from the Plaintiff.