(영문) 대구지방법원 2015.03.12 2014나16829

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(영문) 대구지방법원 2015.03.12 2014나16829

투자금

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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

1..

Reasons

1. Facts of recognition;

A. On October 1, 2007, the Plaintiff remitted KRW 20,000,00 to the Defendant, and the Defendant, on the same day, remitted KRW 19,00,000 to Lian Co., Ltd. (hereinafter “Lian”).

B. On September 30, 2007, the Plaintiff has a certificate of stock custody stating that “The Plaintiff shall grant shares (the name of shareholder: the Plaintiff, the class of shares: the number of common shares, the number of shares: 4,000 shares, and the face value of one share: 500 won) that are donated to the Plaintiff on September 30, 2007 by exchanging the certificate of deposit at the time of issuance of stocks after the retirement.”

C. On September 6, 2008, the Defendant: (a) sent KRW 20,000,000 to the Plaintiff for shares payment; (b) drafted and delivered a document stating that “I will sell D or the Defendant, either October or December, when I could not settle the case at the head office.”

【In the absence of dispute over the grounds for recognition, evidence Nos. 1 to 3, each entry of evidence No. 1 to 1, and the purport of the whole pleadings

2. Plaintiff’s assertion and judgment

A. The plaintiff asserts that the defendant is entitled to 20,000,000 won and its delay damages as follows.

First, on October 1, 2007, the Plaintiff received a certificate of deposit of shares from Liania and remitted KRW 20,000,000 to the Defendant on October 1, 2007, which held that the Plaintiff may receive several times of money on the face of stocks, and thereafter requested Lian to return the said money to the Defendant who closed the door. On September 6, 2008, the Defendant agreed to return the said KRW 20,000,000 to the Plaintiff by delivering a document to the Plaintiff on September 6, 2008.

Second, on October 1, 2007, the Plaintiff lent KRW 20,000 to the Defendant.

B. On September 6, 2008, there is no evidence to support the fact that the Plaintiff transferred KRW 20,000,000 to the Defendant’s false statement, and the Defendant sent KRW 20,000 to the Plaintiff on September 6, 2008.

When the head office is unable to be resolved, it shall be from October to December.

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