투자금반환
1. All appeals by the Defendants are dismissed.
2. The costs of appeal are assessed against the Defendants.
3. The judgment of the court of first instance is ordered.
1. Basic facts
A. The Plaintiff received a proposal from Defendant B to sell and make profits from the investment in the business of constructing a telecom on the fourth parcel of land, such as the Nam-gu Incheon Metropolitan City D (hereinafter “Del”), and on August 21, 2003, transferred KRW 45 million to the account in the name of the Defendant C, etc. by January 12, 2004, and paid the Defendants a total of KRW 135 million over four occasions.
B. The Defendants, on April 22, 2005, prepared a notarial deed to the effect that “a notary public recognizes compulsory execution on the basis of a promissory note as stated on July 20, 2005, as a result of the failure to pay the Plaintiff the profit relating to the DNA Telecom,” which read that “a notary public recognizes compulsory execution on the basis of a promissory note as stated on July 20, 2005,” which was written by Youngpo General Law Firm 2005.
C. On April 28, 2005, the Defendants prepared and sent to the Plaintiff a letter of payment (hereinafter “instant letter of payment”) of the following contents, including the monetary payment agreement with respect to the telecom (including the parts included in the appropriate dancing method and fishing method; hereinafter the same shall apply), which is run on the ground of Chungcheong City, E (hereinafter “Ecom”) separately from the construction of the telecom.
Name: Name B, K, and name of the Corporation: In the Chungcheong case of the Cheongju-si E: the KRW KRW 300,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,0000,000,000:
On April 28, 2005, the Defendants issued the following receipts (hereinafter “instant receipts”) to the Plaintiff.
The above amount shall be received in fixed amounts of KRW 100,000,000 (100,000).
The receipt date of April 28, 2005: B, K, C, by June 15, 2005.
E. The Plaintiff is named K with respect to the “E Corporation” of the instant payment note.