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(영문) 서울중앙지방법원 2019.05.09 2018가합527508

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On June 11, 2014, the Plaintiff entered into a fund investment agreement with C (hereinafter “instant investment agreement”) that invests KRW 1 billion in C in connection with the construction project of the new complex building project of Songpa-gu Seoul Metropolitan Government Dable block (hereinafter “instant land”) (hereinafter “instant project”), and the main contents thereof are as follows.

Article 2 (Investment Amount and Place of Use)

1. Amount of attracting investment: One billion won (one billion won out of the amount of attracting investment of five billion won); and

2. Financing Agency: Land contract amount (3.82 billion won), construction and design expenses, authorization and permission expenses (1.18 billion won), etc.

3. The amount of this investment shall not be disbursed for expenses other than those under this project.

Article 4 (Management and Financial Execution of Investment Funds)

1. The amount of investment shall be managed by the defendant until a land contract with the E Corporation is concluded;

2. The defendant shall establish a passbook for the management of the above investment money after the conclusion of this agreement.

3. When a land contract is concluded, the defendant shall transfer the remaining amount (the amount excluding the land contract amount from the total investment amount) under his management to C.

Article 5 (Risk Management)

2. The defendant shall take charge of legal advice pertaining to the conclusion of land contracts by C, conclusion of contracts with FF associations, and collection of the plaintiff's investment;

3. The defendant shall be in charge of land contract between the E Corporation and F Cooperatives until the payment of land contract amount in connection with the initial investment funds (establishment of passbook and execution of funds).

B. On June 13, 2014, the Plaintiff deposited KRW 1 billion in the account under the Defendant’s name (hereinafter “instant investment”).

C. On October 6, 2014, the Defendant G paid KRW 520 million to E Corporation as land contract deposit, while managing the instant investment funds. D.

C The representative director H Co., Ltd. I (hereinafter “I”) borrowed 2 billion won from J on October 20, 2014, and the J deposited the said 2 billion won into the E Corporation as land contract deposit. G deposited on October 20, 2014 to J. < Amended by Presidential Decree No. 25789, Oct. 20, 2014>