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(영문) 춘천지방법원원주지원 2020.05.29 2020가단50401

기타(금전)

Text

1. Defendant B shall pay 60,000,000 won to the Plaintiff and 12% per annum from January 29, 2020 to the day of full payment.

Reasons

1. Determination as to the claim against the defendant B

(a) as shown in the corresponding column of the complaint indicating the claim;

(b) Judgment made by deemed confession (Article 208 (3) 2 of the Civil Procedure Act);

2. As to the claim against Defendant C, the Plaintiff: (a) concluded an agreement with Defendant C on June 23, 2017 and July 25, 2017 on the deposit of KRW 30,000,000 in the account under the name of “D”, which is a discretionary processing company designated by Defendant C as a business entity; and (b) concluded with Defendant B on April 27, 2018 on the deposit of the said investment amount; (c) however, the Defendants did not pay the return of the investment amount; (d) accordingly, Defendant C alleged to the purport that it would seek the return of the investment amount; (e) registered as the business entity of the said discretionary processing company; (d) there was an agreement on the distribution of the investment proceeds between Defendant B and the Plaintiff; or (d) the fact that the Plaintiff deposited KRW 60,00,000 from the account under the name of “D” with the Plaintiff does not conflict between the parties, or is recognized to the purport of the entire pleadings with Party A and the Plaintiff.

However, with respect to the fact that there was an agreement between the Plaintiff and the Defendant C on the distribution of profits from investment or the return of investment funds, or that the agreement was not fulfilled, it is insufficient to recognize it even after considering all the evidence submitted by the Plaintiff, and there is no other evidence to acknowledge it, the Plaintiff’s claim for

3. The plaintiff's claim against the defendant B is justified, and the plaintiff's claim against the defendant C is dismissed as it is without merit. It is so decided as per Disposition.