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(영문) 울산지방법원 2018.11.14 2018가단15153
보관금반환
Text

1. The Defendant shall pay to the Plaintiff KRW 70,00,000 and the interest rate of KRW 15% per annum from July 17, 2018 to the day of complete payment.

Reasons

1. Facts of recognition;

A. On January 2009, the Plaintiff may receive dividends from the Defendant when investing in C’s “C” (which is a foreign futures trading investment company; hereinafter “C”), and the Defendant would transfer the money to the said company in lieu of the said company.

‘Received' was introduced.

From January 29, 2009, the Plaintiff believed this and remitted to the Defendant the amount of KRW 1 million,00,000,000 to the Defendant under the same year.

2. 12.5 million won, the same month;

2. 27.20 million won, and the same year.

3. 4.25 million won, 10.13 million won for the same month, and 67 million won for the 11.3 million won for the same month.

In addition, around March 6, 2009, the Plaintiff remitted KRW 3 million to the Defendant’s deposit account in the name of the Plaintiff’s female member from the deposit account in the name of the Defendant’s name.

(hereinafter referred to as the “instant money”) 70 million won in total.b.

On March 11, 2009, the Defendant issued and delivered a “cash storage certificate” (No. 1; hereinafter “the cash storage certificate of this case”) to the Plaintiff. The main contents are as follows:

Japan: 10 million won, e.g. l. l. g. l. g. l. l. l. l. l. l. l. l. l. l. l. l. l. l. l. l. l. l. l. l. l. l. l. l. l.

C. On June 4, 2010, the Plaintiff: (a) sent to the Defendant a certificate of content that “the Defendant has a good investing office; (b) the Defendant has invested 10% monthly dividends on the investment amount in foreign exchange; (c) the principal is absolute guaranteed; and (d) has invested KRW 70 million by March 11, 2009; and (c) received cash custody certificate from the Defendant; and (d) the Defendant requested the establishment of a right to collateral security or repayment; and (c) at that time, the said certificate was served on the Defendant.

On June 8, 2010, the defendant listens to the plaintiff on June 2, 2010 that "the defendant gives a fX horse trading (foreign currency trading) to anyone who invested in FX M&C from E in January 2009, and 10% of the investment amount at present to the plaintiff is distributed to only one week, and then every month.

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