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(영문) 전주지방법원 2020.11.18 2019나9166
약정금
Text

In this Court, the plaintiff's primary claim and the second preliminary claim against the defendants that had been changed and added in exchange for another court.

Reasons

1. The parties' assertion

A. Plaintiff 1) The Plaintiff, the primary cause of the claim, is the net F of the E Union’s work (hereinafter “the deceased”).

(3) On February 27, 2002, the Financial Management Entrustment Contract (hereinafter “instant First Contract”) between the Deceased and the Fund Management Entrustment Contract (hereinafter “instant Contract”) was proposed to provide an investment in financial products with high profitability.

The Plaintiff’s G account (hereinafter “instant First Account”) was concluded on the same day thereafter.

A) From the Deceased’s account to the Deceased’s account, a sum of KRW 246,492,92, including remitting KRW 3,001,100 to the Deceased’s account until August 26, 2016, and a sum of KRW 187,559,50,000,000, which was returned on September 26, 2003, such as returning KRW 187,559,000,00,000 to the Deceased’s account, was returned to the Deceased’s account and received KRW 58,93,945,00,000 from the Deceased’s account. In addition, the Plaintiff received KRW 103,030,00 from the Deceased’s account to the Plaintiff’s Association account and received KRW 48,63,945,00 from the Deceased’s general account to the Deceased’s account, and then withdrawn the funds to the Deceased’s account without loss from the account’s principal and loss.

(3) On November 4, 2013, the H Association’s account numbered by the H Association (hereinafter “instant Second Account”) is deemed to be the account numbered.

The head of the Tong and the reporter's identification card were opened and issued to the deceased, and the password was known.

Then, on January 6, 2014, a sum of KRW 93,848,490, including remittance of KRW 20,000,000 to the above account was deposited, and KRW 5,825,880 was deposited into the above account by the Plaintiff by withdrawing KRW 5,82,610, and the amount deposited into the above account by the Plaintiff was KRW 88,02,610. The amount of debt of the above account as of August 27, 2018 is KRW 19,981,458, and thus, the amount to be returned by the Deceased from the above account is 108,00,000.

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