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(영문) 서울고등법원 2019.05.23 2018나2019673
대여금
Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. Basic facts

A. The Defendant served in E from November 2002 to December 2018.

B. From around 1997, the Plaintiff was an individual investor who opened an account at the E Sic interest point and traded shares. From around 2006, the Plaintiff changed the trading point to the new prevention point according to the employees G known at the said Sic interest point. Around that time, the Plaintiff became aware of the Defendant who was working at the said Sic interest prevention point by introducing G.

C. The Plaintiff was frequently engaged in stock transaction at the guest room for the E new substitute prevention, and he was accumulated with the Defendant. From February 1, 2007, the Defendant became a staff member in charge of managing the Plaintiff’s stock transaction account.

From January 8, 2007 to March 16, 2007, the Plaintiff deposited KRW 330,000,000 in total with the Defendant’s Cbank account nine times from January 8, 2007.

Amount on January 8, 2007, 49,000,000 on January 30, 2007, 200,000 on January 31, 2007, 35,000,000 on January 31, 2007, 49,000,000 on January 31, 2007, 49,000 on January 49, 200, 200 on February 1, 200, 49,000,000,00 on February 1, 200 on February 49, 207, 200, 00 on March 30, 16, 2007; and

E. At the time of the payment received from the Plaintiff, the Defendant deposited the said money into the futures option account under the name of D, a borrowed account operated by the Defendant, and traded futures options, but only approximately two to three months, the principal was determined as total loss.

[Ground of recognition] A without dispute; Gap evidence Nos. 1, 6; Eul evidence Nos. 1 and 2; Eul's financial transaction information meetings to Cbank Co., Ltd. in the first instance court; the plaintiff of the party, the defendant's result of the party examination; the purport of the whole pleadings

2. Summary of the parties’ assertion

A. The Plaintiff, around the end of 2006, listened to the Defendant, who had managed the Plaintiff’s share transaction account and futures option account, paid interest of 4% per month within 3 months from the Plaintiff’s lending of investment funds for the purchase of H’s building at the end of 2006. As above, the Plaintiff wired the Defendant a sum of KRW 330,000,000 to the sum of KRW 420,000,000,000 in cash, etc. on April 5, 2007.

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