logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2016.03.25 2015나16417
대여금
Text

1. The part against the plaintiff falling under the following order of payment among the judgment of the court of first instance shall be revoked:

The defendant.

Reasons

1. Basic facts

A. In April 2013, the Defendant became aware of the Plaintiff through the introduction of C, which was known to the Plaintiff at ordinary time, and then, there exists a way to get profits from three times the Plaintiff by purchasing the old cash or gold bullion at a low price. There is a periodical payment of KRW 870 billion to the Fund owner collected by the Defendant, and when the said periodical payment is cancelled, damage would occur between two and three hundred million won. The Fund owner shall provide the Fund owner with the passbook deposited in KRW 30 billion upon cancelling the said periodical payment. The Fund owner may obtain profits from KRW 30 billion if he/she sold the old cash or gold bullion at a low price. If he/she leased KRW 200 million to the Fund owner, he/she would return the KRW 40 billion within two weeks or KRW 300 billion out of the profits amount of KRW 300 billion.

B. Accordingly, the Plaintiff directly paid KRW 100 million to the Defendant on April 22, 2013.

C. On April 25, 2013, the Plaintiff paid an additional amount of KRW 100 million to the Defendant via D, the Plaintiff’s agent.

In May 2013, the Plaintiff demanded the Defendant to return the above KRW 200 million, but the Defendant filed a criminal complaint against the Defendant who did not comply with the request.

E. On July 2013, the Defendant asserted that the Plaintiff paid the said KRW 200 million in return for the services rendered by the Plaintiff to arrange for the purchase of gold bars owned by himself/herself, without any investigation conducted by the investigative agency.

F. The Plaintiff thereafter filed the instant lawsuit.

G. The Defendant was prosecuted against the Plaintiff on the charge of fraud, and a criminal trial is pending in the Daejeon District Court Decision 2015Da4162.

[Grounds for Recognition: Facts without a partial dispute, Gap evidence 1 to 5, 7, and 10 (including branch numbers, if any, if any);

The following shall be:

each entry, part of the evidence of No. 2, and C by the witness of the first instance trial.

arrow