logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2016.04.27 2015가합527378
대여금
Text

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’s remittance to the Defendant’s designated account 1) The Plaintiff is the Plaintiff’s bank account under the name of the Defendant C, which was designated by the Defendant, with KRW 50 million on December 20, 2010 (hereinafter “instant 1 remittance”).

) On January 31, 201, KRW 165 million (hereinafter “instant second remittance”)

2) The Defendant remitted the interest of KRW 1,50,000,000 in total, from March 2, 2011 to September 1, 2011, to the Nonghyup Bank account in the name of the Plaintiff, from February 16, 2011 to January 30, 2012. The Defendant remitted the interest of KRW 40,425,00,00 in total, from March 2, 2011 to September 1, 2011.

B. At around 2014, nine complainants including the Plaintiff and the Defendant filed a criminal complaint against D, E, and C (1) filed a complaint with the Seoul Central District Prosecutors' Office for suspicion of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) (2) on April 29, 2015, on the ground that “D, E, and C conspired to guarantee high profit if investments were made from around 2010, thereby deceiving them to receive a total of KRW 6.2 billion from the complainants as investment funds, and defraud them.” D, E, and C, etc. were charged with the charge of violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud).

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 4 (including each number, if any; hereinafter the same shall apply), Eul evidence 2, the purport of the whole pleadings

2. The parties' assertion

A. On December 20, 2010, Plaintiff 1’s primary assertion is determined as interest rate of KRW 2% per month and one month after the date of repayment from the date of repayment, and the interest rate of KRW 165 million on January 31, 201 and one month from the date of repayment.

arrow