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Reasons
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(영문) 인천지방법원 2015.01.16 2013가단80374
대여금
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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The assertion;

A. On April 10, 2012, the Plaintiff asserted that “if the Defendant invested 1,150,000 won (US$ 1,000) in the Plaintiff, the Plaintiff would pay dividends of KRW 10,000 each day until the amount reaches 220% of the principal amount.” The Plaintiff invested KRW 9,200,000 on September 10, 2012, ② KRW 9,400,000 on September 14, 2012, ③ KRW 3,000,000 on October 30, 2012, and KRW 23,90,000 in total.

Therefore, the defendant is obligated to refund the above investment amount of KRW 23,900,000 to the plaintiff and pay damages for delay.

B. The defendant's assertion is not a person in charge of Incheon Metropolitan City, but only one person who has invested in trust of D's horse that was a person in charge of C's domestic investment business.

Upon the Plaintiff’s request, the Defendant received KRW 8,120,00 on September 10, 2012 from the Plaintiff, and KRW 9,200,00 on September 14, 2012 (E received KRW 2,300,00 on October 30, 2012) from the Plaintiff, and delivered all of them to D who is a person in charge of domestic investment business (E received KRW 2,30,000 on October 30, 2012), and the Plaintiff was granted ID from D.

2. Determination

A. First, the Plaintiff and the Defendant testified to the effect that “I will pay the dividend interest rate of KRW 1,150,000 per day until the amount reaches 220% of the principal of KRW 10,000 per day,” i.e., circumstances acknowledged to show the overall purport of the pleadings as to whether there was an investment agreement between the Plaintiff and the Defendant, i.e., the following: (i) the statement that IE is making an investment in the C Game Business; (ii) the witness F was given the statement that I have made an investment in the C Game Business; (iii) the amount of the investment was sent to the Seoul Korean Representative; and (iv) the investment was given 10,000 won per one unit of investment; and (v) the Defendant paid KRW 10,000 per day pursuant to the above investment agreement to the Defendant’s 10,000 per account; but (v) the Defendant received 100,000 won per 10,000 won per account under the agreement among the Defendant’s 28.10

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