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(영문) 창원지방법원 2017.06.22 2016가합53473
손해배상(기)
Text

1. The plaintiff's primary claim against the defendants is dismissed in entirety.

2. The Plaintiff:

A. Defendant B shall be KRW 527,054,911.

Reasons

1. Basic facts

A. The pertinent Plaintiff, around 2010, became aware of Defendant B in the course of the Lifelong Education Center of the Kimhae University, and Defendant B and C are married with Defendant B, and Defendant D is registered as a business entity of F, an scrap metal importer actually operated by Defendant B and C, and Defendant E is the first G wife of Defendant B.

B. The Plaintiff: (i) deposited KRW 210,00,00 with Defendant D’s account at an annual interest rate of 15% from June 20, 201 to June 1, 2012; (ii) deposited KRW 430,000,000 with Defendant B’s account at an annual interest rate of 15% from November 14, 201 to June 19, 201; and (iii) deposited KRW 430,00,000 with Defendant B’s account at an annual interest rate of 15% from June 21, 201 to May 9, 2013; and (iv) deposited KRW 335,00,000 with Defendant B’s account at an annual interest rate of 15% from June 20, 201 to May 1, 2015.

3. On the other hand, Defendant B and C continued to pay 15% interest per annum on the borrowed amount from the early loan to January 28, 2015.

C. On April 2015, the Plaintiff filed a criminal complaint against the Defendants against the Defendants on the charge of borrowing fraud. The prosecutor of the original district public prosecutor’s office on September 30, 2016, against Defendant D and E.

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