(영문) 광주지방법원 2018.12.21 2017나61897

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 광주지방법원 2018.12.21 2017나61897

대여금 등

Text

1. Of the judgment of the court of first instance, the defendant is jointly and severally liable to the plaintiff 15,00,000 won with the co-defendant B (H) of the court of first instance.

Reasons

1. Basic facts

A. A. Around August 2016, the Plaintiff recommended investment by B, stating that “The Plaintiff may make a high profit at a short time when making an investment to the Defendant.” From August 2016 to September 24, 2016, the Plaintiff remitted KRW 185 million to the Defendant’s account.

B. B requested the Defendant to return KRW 15 million, out of KRW 185 million received from the Plaintiff, to himself/herself, and the Defendant wired KRW 15 million to the account designated by B from August 31, 2016 to September 27, 2016.

C. Around October 2016, the Plaintiff demanded payment of KRW 185 million and its investment made by the Defendant and B, and the Defendant returned KRW 1.5 million out of the money received from the Plaintiff at the Plaintiff’s request, to B, and re-investment of KRW 45 million in profits accrued from the remainder of KRW 80 million.

Accordingly, the Plaintiff demanded the Defendant and B to return the investment amount and profit that it paid. From October 9, 2016 to April 18, 2017, the Plaintiff received the return of KRW 145 million from B and KRW 40 million from the Defendant on October 24, 2016.

E. From January 31, 2017 to April 18, 2017, the Defendant paid KRW 45 million for the said investment to B. B did not pay to the Plaintiff. The Plaintiff filed a complaint against B with an investigative agency on suspicion of fraud, embezzlement, etc. and was convicted of fraud and embezzlement at the Gwangju District Court on July 12, 2018.

(B) The Gwangju District Court 2017Ma4656). [Ground for recognition: the absence of dispute, Gap evidence 2, 3, and 7 (including paper numbers; hereinafter the same shall apply)

(ii) evidence Nos. 1, 2, and 8, as well as the purport of the entire pleadings

2. The assertion and judgment

A. On October 2016, the Plaintiff asserted that the Defendant would pay KRW 45 million to the Plaintiff on the job in the Defendant, B, and C, and that the Plaintiff would have received KRW 6.8 million from B. As such, the Defendant would have received KRW 38.2 million from the Plaintiff (i.e., KRW 45 million - KRW 6.8 million) and the Plaintiff.

유사 판례

-전주지방법원 2015.12.16 2015가단13838

-서울중앙지방법원 2019.02.15 2018가단5024090

-서울중앙지방법원 2015.11.12 2015가합521585

-대구지방법원 2019.10.16 2019고단2011

-대구지방법원 2016.11.17 2015가단41951