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(영문) 대구지방법원서부지원 2016.12.06 2016가합692

미정산금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Determination as to the cause of claim

A. The Plaintiff asserted that, around July 2010, the Plaintiff invested KRW 1,150,000 in total from August 201 to November 1, 2011 of the same year, with the intent to distribute profits when investing in major parts, such as twits from the Defendant’s dissolution of the echeon Power Complex, and in the scrap metal purchase business (hereinafter “instant business”).

However, the Defendant paid only KRW 868,750,000 out of the above investment amount to the Plaintiff and did not pay the remainder of KRW 281,250,000 ( KRW 1,150,000, KRW 868,750,00).

Therefore, the defendant is obligated to pay to the plaintiff the unpaid amount of KRW 281,250,00 and delay damages.

B. From September 201, 201, the fact that the Plaintiff settled the investment profits of KRW 281,250,000, which the Defendant and the Defendant incurred an investment loss arising from the instant project and was not paid out of the said investment profits, was not in dispute between the parties, and thus, the Plaintiff’s claim for the unpaid payment of the instant amount is groundless.

2. In conclusion, the claim of this case is dismissed as it is without merit. It is so decided as per Disposition.