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(영문) 서울중앙지방법원 2020.12.24 2019가단32017
부당이득금반환 청구의 소
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by each person;

Reasons

1. Basic facts

A. The Plaintiff became aware of “F” through the Internet website (the name of a person taken by a photograph of evidence A No. 5 appears to be the name) and developed between Hong Kong and the year.

At the time, F introduced itself to the Plaintiff as the highest financial manager (CFO) of G company.

B. Although F did not have the intent or ability to carry on the business of gold bullion, the Plaintiff made a false statement to the effect that “F would have a large amount of money to carry on the business, so if the Plaintiff establishes a company, it would have a loan of KRW 2.7 billion from the company to which it belongs.” On March 3, 2014, the Plaintiff, who believed it, as the Plaintiff’s mother, established a corporation I (hereinafter “I”) that made the business of precious metal trade, etc. as the representative of the Plaintiff’s mother.

C. Since then, around October 2014, F made a false statement to the Plaintiff stating that “The above loans of KRW 2.7 billion are delayed for various reasons.” On the other hand, F began the Alley business under the name of F. F. F. The said false statement that “the transfer of money to the account it designates is necessary to pay money with the purchase fund, insurance premium, shipping fee, etc.”

Accordingly, as indicated in attached Table 1-7, the Plaintiff transferred KRW 20 million to the SC Bank account under Defendant B’s name (J; hereinafter “First Account”); ② KRW 37 million on November 28, 2014; KRW 30 million on December 1, 2014; KRW 30 million on December 1, 2014; ③ Defendant D’s national bank account (L; hereinafter “third account”); KRW 30 million on November 20, 2014; KRW 400,000 on April 20, 2015; and KRW 401,50,000 on April 1, 2015; and KRW 401,50,000 on April 25, 2015; and KRW 400,000,000 from Defendant E’s bank account (hereinafter “M; hereinafter “the account”) to Defendant E’s bank account, respectively.

The plaintiff is "F" as shown in the annexed List of Offenses.

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