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(영문) 서울동부지방법원 2016.12.15 2014가합106128
약정금
Text

1. The Defendant’s KRW 150,000,000 as well as 20% per annum from August 9, 2014 to September 30, 2015 to the Plaintiff.

Reasons

1. Basic facts

A. On December 28, 2007, the Defendant established Singapore Corporation C (hereinafter “Nonindicted Singapore Corporation”) which is an investment advisory company.

B. From February 2012, the Defendant made a financial investment by using five accounts under the name of the Plaintiff (hereinafter collectively referred to as “instant account,” and the individual account refers to “one account, etc.” according to the following sequence) in the form of the Plaintiff’s ordering agent, and withdrawn the profit accrued until September 11, 2013.

1. Account number E. (2) Account number G. H. account number G. (3) H. H. account number J. (5) H. account number K.

C. The Plaintiff paid KRW 1,232,720,667, which is one half of the profits generated from financial investment by making use of the instant account, to the Defendant or the non-party Singapore.

Since then, the Defendant continued to incur losses, and around March 2014, the Defendant paid USD 90,00 (hereinafter “$”) to the Plaintiff.

E. As a result of the financial investment using the instant account, a loss of KRW 950 million was incurred, and thereafter, the Plaintiff withdrawn each of the investments on July 9, 2014 from the first and second accounts on July 4, 2014 to the third, fourth, and fifth accounts on July 4, 2014.

F. The Defendant or the non-party Singapore corporation did not register the financial investment business under the Financial Investment Services and Capital Markets Act (hereinafter “Capital Markets Act”).

[Ground of recognition] Gap evidence Nos. 2 through 6, 12 through 14, Eul evidence Nos. 1 (including each number; hereinafter the same shall apply), defendant's personal examination result, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion is a part of the money to be paid by the Defendant for the following reasons, and the Plaintiff seek payment of KRW 150 million and damages for delay.

around March 2013, the Plaintiff and the Defendant, which caused the primary claim, opened an account with the financial investment company designated by the Defendant, and the Defendant make investment decisions by utilizing it.

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