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(영문) 서울중앙지방법원 2015.03.19 2014가합23206

대여금등

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The Plaintiff Company A (hereinafter “Plaintiff Company”) is a company whose purpose is fashion design business, real estate leasing business, etc., and the Plaintiff Company B is the representative company of the Plaintiff Company, and the Defendant was the representative director of the Plaintiff Company D (hereinafter “D”) established for the purpose of producing, distributing, and commercial businesses.

B. Plaintiff B paid to the Defendant, KRW 10 million on February 8, 2006, KRW 27,000 on February 27, 2006, KRW 10 million on March 27, 2006, KRW 16,000 on April 26, 2006, KRW 10 million on May 29, 2006, KRW 16,000 on June 26, 2006, KRW 10 million on July 26, 2006, KRW 10 million on July 28, 2006, KRW 10 million on August 27, 2006, KRW 10 million on September 27, 2006, KRW 10 million on September 27, 2006, and KRW 3 million on September 1, 2006, respectively.

C. On February 22, 2006, the Defendant established D with capital of KRW 300 million, KRW 5,000 per share, and total number of issued stocks of KRW 60,000, and completed the registration of incorporation.

D The capital was increased in KRW 400 million on May 24, 2006, and was dissolved in accordance with Article 520-2(1) of the Commercial Act on December 2, 2013.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2 (including each number), Eul evidence 1 and 2, the purport of the whole pleadings

2. The plaintiffs' assertion

A. The plaintiff company's assertion that the defendant recommended the plaintiff company to make an investment in film production, thereby guaranteeing the return of the investment principal and distributing profits. The plaintiff company invested 50 million won to the defendant on February 8, 2006.

Therefore, the defendant is obligated to return the investment amount of KRW 50 million to the plaintiff company and pay damages for delay.

B. Plaintiff B’s assertion that Plaintiff B lent KRW 100 million to the Defendant from February 27, 2006 to October 30, 2006, and the Defendant is obligated to pay the Plaintiff B a loan of KRW 100 million and damages for delay.

3. Determination

A. 1) On February 28, 2006, Plaintiff Company and D shall enter into an investment contract (No. 3; hereinafter “instant investment contract”) with the main contents as follows.

AB concluded the agreement.

Seoul.