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(영문) 서울중앙지방법원 2014.01.24 2013가단6818

투자금반환

Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. The facts below the basis of the facts do not conflict between the Parties.

On January 31, 2012, the Plaintiff, C, and Defendant B entered into a share participation agreement with D Council members of the Seoul Southern Branch D (hereinafter referred to as “D Council members”) under the Korea School Health Association (hereinafter referred to as “Defendant Corporation”) (hereinafter referred to as “instant agreement”).

B. According to the instant contract, the Plaintiff and C agreed to invest each of KRW 200 million in Defendant B. Among them, KRW 50 million on the date of the contract, and KRW 100 million on the date of March 15, 2012, and KRW 50 million on the remaining date until March 15, 2012, respectively, shall be paid until March 31, 2012.

C. The Plaintiff’s KRW 50 million on February 1, 2012, and the same year

3. 6.20 million won, and the sum of KRW 20 million on June 21, 200,000 to Defendant B.

2. Determination as to the claim against the defendant B

A. (1) The gist of the Plaintiff’s assertion (1) that the instant contract is null and void (hereinafter “instant Chapter 1”) is to sell to the Plaintiff and C 20% of the right and interest in intangible assets, i.e., the right and interest in the operation of the Plaintiff and the intangible assets, but it is not possible for Defendant B to own the shares of the Defendant Corporation, which are the incorporated association of the Defendant, and thus, the instant contract is null

(2) Defendant B owned 100% of the shares of KRW D, 100,00,00,000,000,000,000,000,000 won in 2010, and the amount of D’s assets and the place of use of investment funds, which were made by deception (hereinafter “the instant contract”). Since the instant contract may be made by deception of Defendant B, Defendant B revoked the instant contract through the instant complaint, and sought restitution of KRW 90,00,00,000,000,000,000 from its restitution.

(3) The Plaintiff’s cancellation of the instant contract on the ground of mistake (hereinafter “instant Chapter 3”) causes the Defendant B’s share participation agreement.