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(영문) 서울고등법원 2017.12.08 2016나2055224
대여금
Text

1. The judgment of the court of first instance is modified as follows.

The defendant shall pay to the plaintiff KRW 20 million on November 2006.

Reasons

1. Basic facts

A. C’s delegation of investment to the Defendant 1) During its teaching process with the Defendant, upon the Defendant’s recommendation, deposited a total of KRW 212,400,000 from July 29, 2005 to October 21, 2005 for the investment in derivatives into the KK account in the name of the Defendant, and deposited KRW 89,30,000 in total between April 19, 2006 to September 10, 2006 (hereinafter “instant delegation of investment”).

2) As the Defendant deposited money as above, the Defendant deposited KRW 212,400,00 in the KIKO Securities Account (hereinafter “KIKO Securities Account”) under the name of the Defendant, and made the Defendant invest and operate derivatives to E, known as the Defendant’s seat and cyber securities specialist, and deposited the above KRW 89,30,000 into the Defendant’s F Bank M account under the name of the Defendant’s name and had F F make the F invest in the derivatives using the Trad Securities (N; hereinafter “E Securities Account”).

("this case's securities account" in total) B.

As a result of investment, the balance of the 1 key securities account shall be 1 million won or less from November 2006, while the balance of the 1 key securities account shall be 38,114 won or less from the time of December 1, 2006, and the same month.

8. 33,944 won, 37,934 won on the 15th day of the same month, 375,484 won on the 22th day of the same month, and 642,674 won on the 29th day of the same month.

2 The balance in the E-Rad Securities Account was set aside below the 1 million won on November 30, 2006, and then 759,765 won on December 1, 2006, and the same month.

6. The records were recorded in KRW 900,585, and the same month.

7. The same month after an additional deposit has been made in the name of the defendant.

8. 34,584,485 won, 25,42,975 won on the 15th day of the same month, 22,091,945 won on the 22th day of the same month, and 15,947,425 won on the 29th day of the same month.

C. The Plaintiff’s claim C against the Plaintiff, March 21, 2013, issued one promissory note, the maturity of which is KRW 365 million, and the due date for payment, one promissory note to the Plaintiff. On June 11, 2014, if the payment of the said note is delayed between the Plaintiff and the Plaintiff, the compulsory execution is enforced immediately.

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