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(영문) 의정부지방법원 2020.11.12 2019가합58926

투자금반환 청구의 소

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1. The Defendants shall jointly and severally pay to the Plaintiff KRW 529,917,808 and the interest rate thereon from December 14, 2018 to the date of full payment.

Reasons

. Facts of recognition.

A. From D around September 2018, the Plaintiff was recommended by D to “The Defendant Company B (hereinafter “Defendant Company”) to newly build a parking zone in Namyang-si, Namyang-si, and was invested due to the lack of land purchase costs. If the Plaintiff invested KRW 500,000,000,000 was to return the investment profit amounting to KRW 700,000,000 in addition to KRW 200,000,000,000,000 won.”

B. On September 14, 2018, the Plaintiff entered into a fund investment agreement with the Defendant Company (hereinafter “instant agreement”) with a joint and several surety by Defendant C, and transferred KRW 500 million to the Defendant Company on the same day.

Investor: Investment method: Cash Investment Method: The date of investment: September 14, 2018: the date of return of investment: December 13, 2018; the date of return of investment: The Defendant Company agreed to pay the full amount of investment received on the date of return of the investment; and issued this certificate.

*Special Terms: will substitute the opinion of the board of directors with a certificate of personal seal impression attached to each shareholder's share security agreement.

C. Meanwhile, on September 12, 2018, the Defendant Company entered into a contract with the F Co., Ltd. (hereinafter “F”) under which the construction of the new parking building (hereinafter “new construction of parking buildings”) is awarded to the Namyang City, and remitted KRW 440 million to F on September 14, 2018.

D is a representative of F in-house directors.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5 (including additional numbers), Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. The parties' assertion

A. In accordance with the Plaintiff’s assertion agreement, the Defendants are jointly and severally obligated to return the investment amount and the profits from investment to the Plaintiff.

However, the instant agreement may be deemed as having the nature of the monetary loan contract inasmuch as the amount to be refunded and the investment profit is specified, and therefore, the money actually invested within the scope of the highest interest rate prescribed by the Interest Limitation Act, and interest and delay damages thereon.

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