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(영문) 의정부지방법원고양지원 2016.09.02 2015가합75223

차용금 반환의 소

Text

1. As to USD 200,020 and USD 200,000 among the above amounts to the Plaintiff, the Defendant shall from June 2, 2011 to September 2016.

Reasons

1. Facts of recognition;

A. The Plaintiff is a person residing in the U.S., and the Defendant, as an internal director of “C” (hereinafter “C”), who runs the book coloring business and book publishing business, etc., applies to the Plaintiff.

B. C recruited investors in D Co., Ltd., a subsidiary of C, for the purpose of expanding its business by purchasing the site of the GIC in lots, and moving into the GIC.

Accordingly, on April 12, 2010, the Plaintiff entered into an investment agreement with C to the effect that “the Plaintiff shall pay US$ 200,000 to the acquisition price of 20% of the stocks D Co., Ltd. (hereinafter “instant investment agreement”). On April 12, 2010, the Plaintiff remitted US$ 200,000 under the said investment agreement to the Defendant’s bank account. The Defendant again remitted the said money to C’s bank account. On April 20, 2010, the investment agreement (Evidence 4) was entered into between C and the Plaintiff.

C. However, around May 2010, the Korean government of the Republic of Korea in the event of the sinking of a astronomical ship that occurred at the sea near the 2010 Yando on March 26, 2010 by North Korea’s attack.

D. On May 29, 2010, the Defendant paid the Plaintiff USD 100,000 out of USD 200,000, which was paid under the instant investment agreement, to the Plaintiff on behalf of the Plaintiff, on July 7, 2010, in the event that the C’s business does not proceed until the end of July 2010, the Plaintiff began to demand reimbursement of the amount paid under the instant investment agreement.

Each letter (Evidence 6) stating that “A” was prepared and delivered to the Plaintiff. However, even after the fact, it is still difficult for the Defendant to properly implement C’s business, and the Defendant’s payment of USD 200,000 on June 7, 2010 to the date of full payment as to the borrowed principal until December 20, 2010.