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(영문) 서울남부지방법원 2015.07.23 2015가단23950
대여금등
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 50,000,000 and the interest rate thereon from March 13, 2015 to the date of full payment.

Reasons

1. Facts of recognition;

A. On July 16, 2012, the Defendants received KRW 50 million from the Plaintiff as the securities account in lieu of Defendant C’s name as an investment deposit.

B. On September 24, 2012, the Defendants: (a) drafted and delivered the following “the tea certificate” to the Plaintiff.

The full amount of the instrument of borrowing (50,000,000) shall be the full amount borrowed as above and payable until December 25, 2012.

The principal and interest in comparison with principal and interest shall be within 5% per month, including the loan interest and other profits, provided that when the principal and interest are fully paid, this loan certificate shall be null and void on September 24, 2012. The debtor B debtor D debtor D debtor will be held liable for losses arising from the investment and management of options investment products in the operation of the investment trust management on the preceding day, be held liable and paid by the debtor D debtor D debtor C, and the opinion of the borrowing act will be heard to the creditor, and if the contents of the loan to pay were to be made by the payment date, the promise may be fulfilled without delay.

Creditors: Haar

C. The Defendants were indicted for the following criminal facts by committing fraud, which was committed against the Seoul Central District Court 2014Kadan4987, and was sentenced to eight months of imprisonment on December 19, 2014. The Defendants appealed with Seoul Central District Court 2015No230, and on May 7, 2015, Defendant B was sentenced to a suspended sentence of seven months, and Defendant C was sentenced to a suspended sentence of two years of imprisonment, and the said judgment became final and conclusive around that time.

Criminal facts

On July 16, 2012, the Defendants also received KRW 50 million from the E pharmacy located in Gangwon-gun, to the Plaintiff, the victim, “in the event of making a derivatives investment, he/she may pay 10% or more of the principal to the Plaintiff, who is the victim, without loss of the principal.” In the event that an investment of KRW 50 million is made, 2.5 million equivalent to the 5% of the principal per month.” On July 16, 2012, the Defendants received a remittance of KRW 50 million with the securities account instead of the Defendant C’s name.

However, at the time of the plaintiff, the defendants are 50 million won.

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