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1. The Defendant’s KRW 70,000,000 as well as 15% per annum from September 29, 2018 to May 31, 2019 to the Plaintiff.
Reasons
1. Facts of recognition;
A. The parties concerned, as a asset manager of C&A, became a customer while running an insurance business.
B. 1) The Defendant would guarantee the principal and pay 1% monthly profits to the Plaintiff when investing in the Plaintiff in the lending company of “D” (hereinafter “instant lending company”). The Defendant was transferred from the Plaintiff the amount of KRW 20 million on August 30, 2016, KRW 40 million on July 7, 2016, and KRW 30 million on November 30, 2016, respectively. 2) The Defendant returned the amount of each of the said investments to the Plaintiff as investments, and the remainder of the investment amount was paid until around August 30, 2018, but the interest on the investment amount was not paid thereafter, and the principal was not returned.
C. As a result of a criminal trial against the Defendant, on November 30, 2016, the Defendant was indicted for committing a crime of violating the Regulation of Unauthorized Receipt of Money (Seoul Southern District Court Decision 2019DaDa4899), which committed an act of receiving money without obtaining authorization, permission, registration, report, etc. under other Acts and subordinate statutes, and committed an act of receiving money from 16 investors including the Plaintiff under the name of capital, without obtaining any authorization, permission, registration, etc., or reporting under other Acts and subordinate statutes (Seoul Southern District Court Decision 2019Da489). On June 21, 2019, the Defendant was sentenced to a suspended sentence of two years on June 21, 2019, and the said judgment became final and conclusive around that time.
【Ground of recognition】 The fact that there has been no dispute, Gap's 1 through 8, Eul's 1 through 7, the purport of the whole pleadings and arguments
2. Determination
A. On November 7, 2016, the Plaintiff, based on the premise that the Defendant entered into an investment agreement with the principal to guarantee the repayment of KRW 40 million, seeking the return of KRW 40 million as of November 7, 2016, on the premise that the Plaintiff entered into an investment agreement with the Defendant.
2.3.