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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
Basic Facts
The Plaintiff’s claim against D around October 23, 2010: (a) the Plaintiff heard from D, an elementary school, Dong Changwon, that “Dong Dong Dong is expected to operate the wholesale business of automobile parts; (b) will make an investment to lend money to D with KRW 100,000,000 on a monthly basis; and (c) the Plaintiff lent KRW 100,000 to D on October 26, 201; (d) the Plaintiff transferred KRW 20,000,000 on March 14, 201; and (e) the amount of KRW 30,000,000 on October 4, 201 to Gwangju bank account.
However, at the time, D merely thought that it will borrow money from the plaintiff to use it as a stock investment and did not have the intent or ability to pay the principal and interest of the borrowed money to the plaintiff by investing in the automobile parts wholesale business.
D As above, 10,00,000 won acquired from the Plaintiff was sentenced to imprisonment for one year from May 1, 2015 in the wooden Branch of the Gwangju District Court, and the appeal was dismissed on July 16, 2015, and the said judgment became final and conclusive around that time.
D Act of remitting money to the account under the name of the Defendants in the name of Defendant B is the children of Defendant B, and Defendant C is the mother of Defendant C.
D As above, the Plaintiff remitted the money received from the Plaintiff to each account in the name of the Defendants as listed below.
(hereinafter “instant remittance”). On October 26, 2010, the account holder on the date of borrowing the borrowed amount (won), the account holder on the date of borrowing, the account number remittance amount of which was 50,000,000 on October 26, 2010, 200 CNH investment securities (hereinafter “instant remittance”). However, on October 26, 2010, Korea’s investment securities were the initial Korea Investment Securities Account, but Korea’s investment securities were merged with NH investment securities on December 30, 2014.
G. On October 4, 2011, G 10,000 NH investment securities H 10,000,000 C NH investment securities I 10,000,000,000 March 14, 2011, 20,000 B Gwangju Bank F 20,000,000,000 on March 14, 201, 200,000,000,00 on March 30, 200, 200 on October 4, 201, the Defendants did not have any specific property at the time of transfer as above in the Defendants’ name.
[Based on recognition] Unsatisfy, Gap evidence 1 to Gap evidence 4 (including provisional number) shall be written.