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(영문) 서울중앙지방법원 2018.01.26 2016가합579871

투자이익금등 반환 청구

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1. The Defendant’s KRW 90 million to the Plaintiff and the Plaintiff’s 6% per annum from December 31, 2016 to January 26, 2018.

Reasons

Facts of recognition

On February 2015, the first investment defendant against the defendant was trying to purchase from the Korea Deposit Insurance Corporation the building of the size of three underground floors and ten stories above ground (hereinafter "the building of this case") in Seo-gu, Seo-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, Seoul, and D through public auction, but the purchase fund was insufficient.

Accordingly, Defendant E (the Defendant’s representative director was appointed on April 8, 2016) requested investment in the purchase fund after being introduced from Plaintiff Cho Young F to Plaintiff G.

E explained to the Plaintiff and G that “The instant building may be purchased as a half of the market price through a public auction, and then sold in lots with additional construction costs of KRW 5,814,00,000,000, which is the maximum amount of the market price.” The Plaintiff and G want to receive a successful bid through a public auction. If the Plaintiff and G invest each of KRW 350,000,000 to the Defendant, the remainder is expected to be paid by the Defendant with the loan and the payment of KRW 250,000,000,000 is to be made as a dividend for the investment amount.”

The Plaintiff and G accepted the proposal of E, and agreed with the Defendant and G to the effect that “the Plaintiff and G invest each of KRW 350 million to the Defendant, but the Defendant shall pay KRW 250 million to the Plaintiff and G for four months after investment return.”

On February 3, 2015, the Plaintiff, including the issuance of promissory notes with respect to the primary investment amount, remitted to the Defendant a total of KRW 150 million to KRW 350 million under the Plaintiff’s husband H on February 4, 2015, and KRW 350 million.

G transferred 350 million won to the Defendant on February 3, 2015 in the name of his spouse I.

As to each of the above KRW 350 million, the Defendant issued a promissory note to the Plaintiff and G respectively. On February 4, 2015, the Plaintiff issued one promissory note, which is the face value “350 million won,” “the place of payment, and the place of payment,” with the payee F, and on the same day, a notary public drafted the authentic deed of a promissory note as the No. 132, 2015 No. 132, a document prepared for a law firm Cheongamam.

The defendant is limited to KRW 250,000,000 for each contract interest.