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(영문) 수원지방법원 2016.09.08 2015가단132689

투자금반환

Text

1. The Defendant shall pay to the Plaintiff KRW 60,00,000 and the interest rate of KRW 15% per annum from September 19, 2015 to the day of complete payment.

Reasons

1. Basic facts

A. The Plaintiff was married with C around January 2013, but was living together with C without filing a report of marriage, and was at the end of March of the same year, and the Defendant is a mother of C’s external accommodation.

B. The Plaintiff and C decided to have the deposit amount of KRW 120 million deposited in a new family, and the lease deposit amount was deposited in the deposit account in the name of E in the name of an individual, among individuals, who arranged the lease contract of the new family, on three occasions from November 8, 2012 to December 14, 2012, as the Plaintiff’s father, D supported by D.

C. The Plaintiff and C used the above KRW 30 million out of the above KRW 120 million as the lease deposit for the new complex, and the remainder amount was used as the introduction of the Defendant to purchase the land sale right (the “one-nameed land”) and KRW 30 million was used for real estate development investment.

The Defendant remitted KRW 30 million out of the invested KRW 90 million to C, and C was sentenced to the judgment of the Suwon District Court to return KRW 2013Ddan5281, 2013Ddan7263, which was remitted to the Plaintiff, and the said judgment became final and conclusive.

In addition, the defendant owns the right to sell the land purchased as KRW 60 million out of the investment KRW 90 million.

[Ground of recognition] Unsatisfy, entry in Gap evidence 1 through 4 (including branch numbers for those with a satisfy number), the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The Plaintiff’s assertion 1) The Defendant agreed on March 30, 2013 to return the amount invested to the Plaintiff by April 15, 2013. Of the above amount, 30 million won is in possession of C, so the Defendant shall pay the remainder of 60 million won after deducting it and interest for delay. 2) Even if a refund agreement is not acknowledged, the Plaintiff’s investment contract was concluded on the condition that a de facto marital relationship exists between the Plaintiff and C, and the said de facto marital relationship is reversed and the condition of cancellation is reversed.