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(영문) 수원지방법원 2017.06.15 2016나360
대여금
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The Plaintiff is a person who was in the relationship of Nonparty C with Nonparty C at around 2013, and the Defendant, who was in a relationship with C, recommended C to invest in “D” and “E” as a U.S. company.

B. On November 2013, the Plaintiff heard that C was solicited by the Defendant to make an investment in D, and had C left the Defendant’s intent to make an investment.

Accordingly, the defendant notified the plaintiff through C of the account number of the defendant, received 7.2 million won from the plaintiff on November 21, 2013, and invested in D.

C. Since then, the Defendant recommended C to make an investment in E, and the Plaintiff, which was heard from C, deposited KRW 1,570,000 in the Defendant’s account from November 28, 2013 to January 4, 2014, and the Defendant invested in E.

Until April 2014, the defendant paid the return on investment to each of the above companies on a regular basis to the plaintiff, and the total amount is 3.1 million won.

However, around April 2014, the Defendant: (a) filed a lawsuit with the U.S. court and seized its property; and (b) subsequently, upon E’s completion of domestic business, paid KRW 803,00 to the Plaintiff on July 9, 2014, upon receiving a request from C to return the Plaintiff’s investment amount.

E. D publicly announced that when the seizure is cancelled, investors will return the investment amount through the identification procedure, and the Defendant sent D the text message “D” to C on April 16, 2015, through mobile phone SNS, “Oi (nameing the Plaintiff) is required to certify himself/herself. E was responsible even after sunset. By the end, D sent the last day.”

F. Around May 2014, 4 investors, including the Defendant, agreed to receive from F the amount of KRW 20 million out of the total investment amount of KRW 70 million in the Kafin located in Gui-si, Gui-si, F, which is a domestic person of KRW 30 million. In this case, C shall act on behalf of the Plaintiff.

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