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(영문) 의정부지방법원 2015.01.14 2013가합8561
사취금반환
Text

1. The Defendants: (a) KRW 359,00,000 for each Plaintiff; and (b) 5% per annum from November 1, 2010 to January 14, 2015 for each Plaintiff.

Reasons

1. Facts of recognition;

A. Defendant C was the representative director of D Co., Ltd. established on July 3, 2006 for the purpose of real estate development business, etc., and Defendant B was in charge of the recruitment of investors as the head of the above company.

B. The Defendants conspired with the Plaintiff to borrow money from the Plaintiff, but did not own real estate to set up the right to collateral security, and 80,000,000 won was required for other investors every month under the name of interest, employee’s allowances, and salary. The “E Road Project” planned to be developed was delayed due to budgetary problems and was in the situation that the investors should return the investment amount. However, even if the Plaintiff borrowed money, the Defendants did not have the intent or ability to pay interest of 20% per annum, the Defendants, on September 4, 2006, ordered the Plaintiff to purchase the building to remove the redevelopment project implemented by Seoul Metropolitan Government with the said money and set up the right to collateral security interest of 20% per annum. The Defendants deceptiond the Plaintiff on September 4, 200, by acquiring the said money from the Plaintiff on the loan basis of KRW 135,000,000 as stated below, and by taking it over the total amount of 389,000,000 won (hereinafter “the loan”).

From September 135, 200,000 to September 4, 2006, 200 per annum 15,000,000 per annum from September 4, 2006 to September 4 of 2006, 20% per annum from the first day of December 18, 2006 to the first day of December 50, 200,000, there is no 20% per annum from May 17, 2007 to the fourth day of May 10, 307 from the first day of July 24, 2007 to the 20% per annum from July 90, 000, 00 to the second day of July 24, 2007, 100 to the repayment of principal and 10% per annum 10,100,000 per annum from the 23th day of March 10, 2007; and

C. The Defendants were indicted for fraud due to the above fraud, and on August 2, 2012, the Jung-gu District Court was acquitted against the Defendants.

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