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(영문) 창원지방법원 2019.08.13 2018가단7323

투자금반환

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The plaintiff's summary of the plaintiff's claim is that the plaintiff paid a total of 68,147,000 won to the defendant in the name of C or his spouse D as follows, and thus the plaintiff is entitled to return the amount.

[Attachment 1] The remittance amount from the date of transfer Nos. 1 to 10,00,000 won on September 11, 2014; KRW 37,700,000 on September 1, 2014; KRW 37,700,000 on September 201, 2014; KRW 4,975,000 on May 8, 2015; KRW 5,68,147,00 on May 28, 2015; and even if the Plaintiff is not recognized as an investor against the Defendant, the Plaintiff was obligated to return the said investment amount to the Plaintiff; and thus, the Defendant was obligated to return the investment amount to the Plaintiff upon delegation of the right to claim the return; and even if the Plaintiff did not have been delegated to the Plaintiff, the Plaintiff was obligated to pay the amount of the investment amount to the Plaintiff.

2. Determination:

A. According to the evidence No. 1-1 and No. 7 of the remittance amount, according to the Plaintiff’s husband’s husband’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s 10,000 won and KRW 1,472,230 are recognized.

However, with respect to the claim for remittance set forth in Nos. 1-2, 1, 4, 5, 6, 8, and 9 of the evidence No. 1-2, 1, 4, 5, 6, 8, and 9, there is no other evidence to acknowledge the remittance.

(b) The sum of the recognized amounts of remittance of KRW 11,472,200 shall be either KRW 11,472,230 or the Plaintiff’s assertion.

1) The Plaintiff asserts that the Plaintiff, as an investor, made a transfer to the Defendant under the name of the husband, while paying the investment money to the Defendant as an investor. However, the entries in the evidence Nos. 5, 7, 9, and 12-2 in the evidence Nos. 5, 7, 9, and 12-2 are insufficient to recognize the fact that the Plaintiff is an investor, and there is no other evidence to acknowledge it. Rather, the letter of delegation written D (Nos. 5 and 9 refer to “D, as for all the investment amount invested in the F Company, and all the investment amounts deposited in the B account, to A, who is the wife, all all the investments to be returned,” and “D,