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(영문) 대구지방법원포항지원 2019.01.18 2018가합10383
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Defendant played a role in receiving money from investors who received information and proposals on the FX investment from C to C in return for the call points of the DFX investment company operated by C and delivered it to C.

The deposit amount of KRW 20 million on the first day of December 15, 2014, KRW 315 million in total, KRW 60 million on September 2015, 2015, KRW 50 million on February 16, 2015, KRW 320 million on April 22, 2015, KRW 420 million on April 15, 2015, KRW 500,000 on September 15, 2015.

B. The Plaintiff deposited a total of KRW 315,000,000 in the Defendant’s deposit account as follows.

C. The Plaintiff received a loan certificate from the Defendant on February 16, 2015, stating that “the Defendant borrowed KRW 50 million to the Plaintiff on February 16, 2015 at three years of borrowing and five percent of the profit month” each time the Plaintiff deposits the said money with the Defendant’s deposit account (hereinafter “the instant loan certificate”). One of them is the loan certificate issued on February 16, 2015 (hereinafter “the instant loan certificate”).

On October 1, 2015, the Plaintiff received a certificate of loan in the name of C, “C borrowed KRW 315 million to the Plaintiff at the rate of three years of borrowing, five percent per month of profit,” and returned the remainder of each loan certificate received from the Defendant at the Defendant’s request, excluding the instant loan certificate, and the Defendant discarded each loan certificate received from the Plaintiff.

The defendant asserts that the plaintiff did not know that the loan certificate of this case was lost.

The sum of KRW 75,00,000,000 on January 15, 2016, 15, 11, 2015, as follows, was deposited in the Plaintiff’s deposit account in the Plaintiff’s name on February 15, 2016; KRW 75,000,000 on February 15, 2016; and KRW 75,000,000 on February 15, 2016.

F. The Plaintiff’s deposit account was KRW 3,150,000 on July 20, 2016 and KRW 3,150,000 on August 24, 2016, respectively.

G. C On November 9, 2018, the Busan District Court Branch of the Busan District Court is lower than the Act on the Aggravated Punishment, etc. of Specific Economic Crimes.

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