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(영문) 서울동부지방법원 2019.06.20 2017가합113127
대여금
Text

1. The Plaintiff:

A. Defendant B: (a) KRW 1,338,462,220 and as regards this:

B. Defendant D shall be KRW 88,000,000 and this shall apply thereto.

Reasons

1. Basic facts

A. (1) Upon Defendant B’s request, the Plaintiff lent the above money to Defendant B by paying a total of KRW 28,462,220 on 18 occasions from September 20, 201 to September 25, 201.

(2) On October 24, 201, the Plaintiff deposited KRW 310,000,000 in the Plaintiff’s bank account (Account Number:F) and lent the passbook and cash card to Defendant B by means of giving them. Defendant B consumed all of the above money.

(3) In order to sell a large volume of gold, Defendant B loaned KRW 1,00,000 to the Plaintiff, and the Plaintiff borrowed KRW 1,00,000,000, and Defendant B transferred the said money to the account of Defendant C’s National Bank (Account Number: G).

Accordingly, on December 7, 2012, the Plaintiff transferred KRW 324,000,000 from the Plaintiff’s new bank account, KRW 347,000,000 from the Plaintiff’s Nong Bank account, KRW 50,000 from the Plaintiff’s corporate bank account, KRW 175,000,000 from the Plaintiff’s corporate bank account from the Plaintiff’s East H’s corporate bank account, and KRW 104,00,000 from the Plaintiff’s corporate bank account from the Plaintiff’s branch to Defendant C’s corporate bank account, and lent KRW 1,00,000 in total to Defendant B.

B. The Plaintiff transferred KRW 20,000,000 on June 14, 201 to the account of Defendant D on the ground that Defendant D’s work together with Defendant D’s lending money was necessary, and the Plaintiff transferred KRW 18,00,000,00 on June 22, 201 to Defendant D’s account. Defendant D’s treatment expenses were required for the Plaintiff’s treatment expenses.

7. 21. By remitting KRW 50,000,000 to the same account, Defendant D lent total of KRW 88,000,000.

C. (1) The Plaintiff’s criminal complaint, etc. (1) filed a complaint with the Defendants on the charge of fraud, etc. on the ground that there is no evidence to acknowledge that Defendant C conspired with the Defendant B to commit the crime of fraud on the grounds that the prosecutor indicted Defendant B and D by deceiving each of the above money.

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