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(영문) 서울중앙지방법원 2018.11.08 2017가합553371

전도금 반환 청구의 소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. According to the purport of Gap's basic facts (Co., Ltd. and defendant) Gap evidence Nos. 4 and 5, and evidence Nos. 6-1 and 2 of Gap's evidence Nos. 6-2, and the whole pleadings, on February 2, 2015, between C Co., Ltd. (hereinafter "C") and the defendant (hereinafter "Korean Forest Association") and C Co., Ltd. (hereinafter "Korean Forest Association Co., Ltd.), and on February 2, 2015, "items subject to deferred payment: : 16m or longer, 600 tons (2.1 billion won or more)" and Eul (C) shall be paid to Eul, 50 million won to the defendant (the defendant) to prevent the supply of the instant funds to Gap for reasons that the funds should be supplied to Gap without any prior notice, and 200 million won to prevent the supply of funds to Byung and 500 billion won for the purpose of the contract before supply.

2. The Plaintiff’s assertion: (a) the Plaintiff invested KRW 1.6 billion in C Company; and (b) C Company paid KRW 500 million in advance of the instant contract as the Plaintiff’s investment deposit; and (c) the relationship with the said investment contract expires upon expiration of the term of validity, the Plaintiff has a claim for the return of the amount of investment settlement against C Company; and (b) Meanwhile, C Company shall have a claim for the return of the amount of advance payment (in the event of the rescission