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(영문) 수원지방법원 2015.11.27 2015나639

투자금반환

Text

1.The judgment of the first instance shall be modified as follows:

The Defendants are jointly and severally liable for the attached Form C from the Plaintiff.

Reasons

1. As to this case, the reasoning of this court is as follows: "The plaintiff and defendant C agreed to transfer the plaintiff's share among the above chonsegwon to defendant C on June 28, 2013"; "The plaintiff and defendant C agreed to transfer the plaintiff's share among the above chonsegwon on June 28, 2013; "The obligation to transfer chonsegwon to the defendants" is "the obligation to transfer chonsegwon to defendant C; "the defendant shall jointly and severally pay 45,000,000 won to the plaintiff due to transfer and redemption of the right to lease on a deposit basis as stated in the separate sheet from the plaintiff"; "the defendant shall be jointly and severally liable to pay the plaintiff 45,00,000 won with repayment of the right to lease on a deposit basis as stated in the separate sheet from the plaintiff; the defendant's obligation to pay the above right to lease on a deposit basis with the rate of 20% per annum from the day after the transfer of the right to lease on a deposit basis as stated in the separate sheet; the above obligation is without merit."

2. As such, the plaintiff's claim against the defendants of this case is justified within the scope of the above recognition and each claim is dismissed as it is without merit. Since part of the judgment of the court of first instance different conclusions are unfair, the judgment of the court of first instance is modified as above and it is so decided as per Disposition.