(영문) 의정부지방법원 2019.08.29 2018가합1664

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(영문) 의정부지방법원 2019.08.29 2018가합1664

투자금

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1. The Defendant shall pay to the Plaintiff KRW 206,00,000 and the interest rate of KRW 12% per annum from August 30, 2019 to the date of full payment.

Reasons

1. Summary of the parties' arguments

A. The gist of the Plaintiff’s assertion was to hear the statement from the Defendant, a financial designer, that the principal may be guaranteed when investing in the Defendant Company C, and invested KRW 206,00,000. The Plaintiff was detained by C’s representative on the ground that he was found guilty in the first instance trial due to the act of fund-raising and fraud.

Accordingly, the defendant decided to return the above investment amount to the plaintiff and prepared a certificate of 206,00,000 won.

Therefore, the defendant is obligated to pay to the plaintiff KRW 206,00,000 and damages for delay.

B. The main point of the defendant's assertion is that the defendant only prepared a certificate of 206,00,000 won to the plaintiff within the intended meaning, and does not directly borrow money or receive investment from the plaintiff. Thus, the defendant does not have any obligation to pay the above money to the plaintiff.

2. Determination

A. According to the statement in Gap evidence No. 1, it can be acknowledged that the defendant prepared a loan certificate (this case's loan certificate) stating that "the plaintiff will lend 2.6 million won to the plaintiff on August 22, 2017 and redeem part of the amount from August 22, 2018 to the plaintiff" (this case's loan certificate).

In full view of the following facts and circumstances, in addition to the contents of the loan certificate of this case, the Defendant agreed to pay to the Plaintiff an amount equivalent to KRW 206,000,000,000, which the Plaintiff invested in C by preparing the loan certificate of this case.

1) The loan certificate of this case contains no indication that the Defendant was able to have prepared the loan certificate of this case, but rather includes a statement that 206,000,000 won can be viewed as a legal liability. 2) On July 31, 2017, prior to the drawing up of the loan certificate of this case, the Defendant was responsible for the amount if the Plaintiff’s son was “or me about about me,” and the Defendant was responsible for the amount.

유사 판례

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-인천지방법원 2015.12.15 2015나2270

-부산지방법원동부지원 2015.08.11 2015가단795