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(영문) 인천지방법원 2017.02.16 2015가단21980 (1)

투자금등

Text

1. The plaintiff's claim is dismissed.

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

Reasons

The Plaintiff’s cause of claim was under an agreement around October 2013 that the Defendant would return the principal of the investment amount of KRW 30 million received from the Plaintiff as it is without loss. Accordingly, the Defendant is obligated to return KRW 20 million out of the above amount to the Plaintiff, and the Defendant made profits of KRW 14,831,270 as equipment usage fee from March 6, 2014 to November 14 of the same year. Accordingly, the Plaintiff is obligated to pay KRW 7,415,630, half of the profits according to the agreement that the Defendant would divide the profits into half of the profits.

However, there is no proof of the existence of an agreement on return of the investment principal claimed by the Plaintiff, and the existence of an agreement on half of the earnings.

Examining whether the Defendant was punished by KRW 14,831,270 as net income after deducting expenses from profits, the submission of financial transaction information by our bank alone is insufficient to recognize the Plaintiff’s assertion, and there is no other proof of the Plaintiff.

Therefore, we cannot accept the claim of this case since all of the plaintiff's assertion is without merit.