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(영문) 대전지방법원 2019.09.25 2018가합106191

투자금 등 반환청구

Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. In around 2014, the Plaintiffs introduced Defendant D and Defendant E who had real estate development business in Sejong Special Self-Governing City.

B. The Plaintiffs and Defendant C agreed to invest in a commercial building located in Sejong Special Self-Governing City with the recommendation from Defendant D and E. On January 10, 2015 (hereinafter “G”), the Plaintiffs and Defendant C made an investment of KRW 80,000,000 in the business related to Sejong Special Self-Governing City H and the J K Commercial Building located in the I (hereinafter the above K and L commercial building referred to as “instant commercial building”), respectively, and 80,000,000,000 in the business related to the L commercial building located in Sejong Special Self-Governing City, which is implemented by the Plaintiffs and Defendant C. G made a “investment agreement” to return the investment principal by January 10, 2016.

C. On the same day, the Plaintiffs and Defendant C made an “investment confirmation” with the content that the Plaintiffs and Defendant C invested KRW 80,000,000 in the instant commercial building-related business, and that Defendant D and E shall pay KRW 24,00,000 to the invested principal and KRW 24,00,000 by January 10, 2016.

Meanwhile, around April 15, 2015, Plaintiffs, M, N, and Defendant C agreed to make an investment in the OP commercial building of Sejong Special Self-Governing City (hereinafter referred to as the “instant commercial building”) and, around April 15, 2015, each of the Plaintiffs and Defendant C shared 1/5 shares, and each of M and N 1/10 shares, respectively, and written “O supply contract case” with the content that the contracting owner is to make the Defendant C.

E. On January 14, 2015, Plaintiff A remitted KRW 26,60,00,00 to the account under the name of Q; KRW 26,60,00,00 to the account under the name of Defendant F; KRW 26,00,00 to the account under the name of the Defendant C on March 3, 2015; KRW 8,918,035 to the account under the name of the Defendant C on April 15, 2015; Plaintiff B wired KRW 26,60,000 to the account under the name of Defendant F on January 12, 2015; KRW 26,60,00; KRW 26,60,00; KRW 19, Jan. 19, 2015; KRW 240,740 to the account under the name of Defendant C on February 6, 2015; KRW 304,741, Mar. 16, 2015>