2023-05-23 06:21:07
Shim Hyung-tak, ‘not guilty’ in 500 million won fraud lawsuit…Mother paid 300 million principal and interest
Article input 2023-05-23 15:21:07
Edit article 2023-05-23 15:21:07
Actor Shim Hyung-tak (pictured above, 45) was acquitted in a lawsuit involving his mother’s unreasonable investment and debt guarantee.
According to the Munhwa Ilbo report on the 23rd, the Seoul Central District Court (14th Civil Division) ruled in favor of some of the plaintiffs in a lawsuit filed once morest Shim and his mother Lee in February of last year for a refund of the loan. However, it was declared on the 17th that all claims once morest Shim Hyung-tak were dismissed.
On February 25 of last year, Mr. Kim filed a lawsuit once morest the two to pay 477 million won and delayed interest. According to the ruling obtained by the Munhwa Ilbo, the court ruled that Mr. Lee should pay the principal amount of 300 million won and the interest calculated at a certain rate.
At the same time, he added, “Each claim once morest Shim Hyung-tak and the remaining claims once morest Lee are dismissed, and the plaintiff bears the costs of litigation between the plaintiff and the defendant Shim Hyung-tak.” As a result, Sim was able to get back the attorney fees he had incurred during the one-year trial.
Mr. Kim claimed that in the process of lending money, he sent the loan to Mr. Sim’s account and received a confirmation of payment performance stating that Mr. Shim would jointly guarantee the debt.
In response, Sim’s side said, “I didn’t know Mr. Kim, and I didn’t even know that his mother borrowed money from the plaintiff. It is true that her mother managed her account, but only her mother’s seal was stamped on the confirmation box,” she expressed her regret.
The judge said, “Actually, Mr. Kim and Mr. Sim have never met or contacted each other to talk regarding borrowing money. There is no fact that a separate consumption loan contract or IOU was written,” he accepted Mr. Shim’s argument.
“The case confirmation document states that the mother is the debtor and Shim Hyung-tak is a joint guarantor, but considering that Mr. Kim did not raise any objection, it can be concluded that Mr. Shim was the one who borrowed the loan from Mr. Kim only with the fact that the account holder was Hyung-tak Shim. I can’t,” he explained.
The court also dismissed Kim’s claim for damages, claiming that “Shim committed an illegal act of aiding and abetting the mother’s crime.” Last year, Mr. Kim sued Shim and Mr. Lee for fraud and aiding and abetting fraud, respectively.
The Seoul Bangbae Police Station, which was in charge of the investigation, made a decision to acquit Sim in September of last year, saying that there was insufficient evidence. The court also respected the results of the investigation and judged that there was no reason to claim damages for illegal acts once morest Shim.
In addition, the court dismissed Mr. Kim’s request for return of unfair profits once morest Shim Hyung-tak, saying that there was no reason.
Shim said in an interview with the Munhwa Ilbo, “It was a very difficult and long time. Due to the long trial and the resulting stress and psychological anxiety, I was unable to lead a normal life as an actor,” she said.
He continued, “I will live a life of economic independence while repaying those who supported me by working hard in my original position.”
Meanwhile, Shim Hyung-tak is planning to hold a wedding ceremony in Japan with Saya Hirai, a Japanese woman younger than him with whom he has been dating for 4 years, and hold a reunion ceremony in July.
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