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1. The Defendant’s KRW 30,197,587 as well as the Plaintiff’s annual rate from September 5, 2017 to June 8, 2020, and the following.
Reasons
1. Basic facts
A. The plaintiff is the former spouse of C, and the defendant is the mother of C.
B. From April 1, 2012 to February 28, 2014, the Plaintiff worked for D Co., Ltd. and for E Co., Ltd. from December 21, 2015 to June 30, 2016. From May 2012 to June 30, 2016, the Plaintiff started a stock transaction using the account (Account Number: H; hereinafter “F account”) in the name of G Co., Ltd. (hereinafter “G”) in the name of F (hereinafter “G”) that was the private village of C from May 2012.
C. On November 2014, the Plaintiff borrowed G account (Account Number: I; hereinafter “instant I account”) in the name of the Defendant from the Defendant and decided to trade shares through the said account, and withdrawn KRW 140 million from F’s account on November 13, 2014, and paid to the J, referring to C.
J deposited KRW 140 million in the account of this case on the same day. D.
The Plaintiff, while receiving and managing the Defendant’s authorized certificate, seal, passbook of the instant I account, and security cards from the Defendant, has traded shares using the instant I account.
E. The Plaintiff opened GK account under the Defendant’s name (hereinafter “instant K account”) with the lower account of the instant I account (i.e., the lower account).
Sub-account refers to an account opened at a branch of G as a upper-tier account, and when opening a lower-tier account, it is possible to conduct stock transactions through the relevant account, but in order to transfer money, it is possible to transfer money to another account after first transferring it to the upper-tier account.
F. On September 23, 2011, the Plaintiff and C were married and divorced by litigation, such as the Seoul Family Court 2017Dhap38860 (principal claim), 2019Dhap5352 (Counterclaim), Seoul High Court 2019Reu23718 (principal claim), and 2019Reu23725 (Counterclaim) divorce.
(G) The judgment of the appellate court of the divorce lawsuit was rendered on May 14, 2020 and became final and conclusive around that time). The list of divided property in the judgment of the divorce lawsuit is specified in the I.