(영문) 서울중앙지방법원 2015.07.17 2014가단202057

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(영문) 서울중앙지방법원 2015.07.17 2014가단202057

대여금

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1. The Defendant is 5% per annum from December 1, 2008 to July 17, 2015 on Chinese currency 200,000 to the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff invested 400,000 won to the Defendant (hereinafter “the instant investment”) around October 2006, and lent 400,000 won to the Defendant (hereinafter “the instant investment”) around February 2007

(hereinafter “The instant loan”). The Defendant, after investing the instant loan in China to C, returned it to the Plaintiff, and invested the remainder of 200,000 capital in D Co., Ltd. (hereinafter “D”) around November 5, 2008, agreed to pay the Plaintiff the 200,000 capital and the interest on November 30, 2008, but did not comply with the agreement. The Defendant agreed to pay the Plaintiff the interest and the principal by November 30, 2008.”

B. On July 2009, the Plaintiff filed a lawsuit as to the investment amount of this case with the Chinese People's Republic of China (hereinafter "the Plaintiff") No. 372 at the Chinese People's Republic of China (hereinafter "the Plaintiff") around July 2, 2009, and rendered a judgment in favor of the Plaintiff that "the Defendant would pay interest from September 22, 2009 to the date of full payment as interest rate of the motive fuel fund announced by the Chinese People's Bank to the Plaintiff first 100,000 won, within 10 days after the judgment became effective." The above judgment became final and conclusive.

Despite the above Chinese judgment, the plaintiff filed a loan claim under 2010da172929, which was dismissed on the ground that the final and conclusive judgment exists.

(2) Of the instant loans, the Defendant received the Plaintiff’s claim for the return of the investment amount from the Plaintiff regarding the instant loans 200,000 won, and filed a claim for the transfer amount under the 2010Kadan177443, but the Plaintiff’s claim was dismissed on the ground that there was no evidence to acknowledge the fact that the Plaintiff, the Defendant, and D agreed on the transfer and transfer of claims in the instant case, which is the appellate court.

(3) Meanwhile, the Plaintiff acquired the instant investment money by deceit, and 200,000 won out of the instant loan D.

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