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Reasons
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(영문) 서울중앙지방법원 2018.02.21 2017가합560003
약정금
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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff and the Defendant came to know the Plaintiff from around December 2008, and was able to perform the Plaintiff’s duties. On November 29, 2011, the Defendant was transferred KRW 600 million out of the Plaintiff’s funds to offer a loan secured by the Plaintiff’s stocks as a security upon the Plaintiff’s instruction. (ii) The said stock security loan did not become a nature, and the Defendant returned KRW 200 million out of the said KRW 600 million via D around December 201, 201 to the Plaintiff via E.

(hereinafter) The Defendant did not return the remaining KRW 300 million to the Plaintiff (hereinafter “instant KRW 300 million”). B.

F The acquisition of F’s credit, etc. 1F shall be for the Plaintiff and G on May 9, 2006, KRW 50 million, and the same year.

8.4.150 million won, including a total of KRW 400 million, was invested.

2) F filed a lawsuit against the Plaintiff and G with the Seoul Central District Court 2008Gahap91987, and on January 8, 2009, the said court rendered a judgment that “the Plaintiff and G shall pay 802,500,000 won to each of them and delay damages therefor,” and “F shall have received from the Plaintiff on February 3, 2016 the claim for KRW 300,000 from the Plaintiff, and the Plaintiff was served on the Defendant on February 17, 2016.

C. 1) The F filed a lawsuit against the Defendant seeking the payment of the acquisition amount of KRW 300 million by the Seoul Central District Court 2016Gahap3459 (hereinafter “instant prior lawsuit”) (hereinafter “instant prior lawsuit”).

(2) On September 9, 2016, the above court held that "the defendant was a driver of the plaintiff of this case on January 12, 2012, and "the agreement of this case (hereinafter referred to as "the agreement of this case") between E and Ma, which was a driver of the plaintiff of this case", and "the agreement of this case."

On the same day, A returned KRW 100,000 to A, and on November 29, 201, the agreement of this case sent to the Defendant via H to offer personal stock security loans under the direction from A on November 29, 201, KRW 300,000,000,000,000 to the Defendant for the last three years.

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