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(영문) 의정부지방법원고양지원 2015.01.08 2014가합1898

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 December 7, 2010, the Defendant invested KRW 50,000 in the store of the name “E” located in Nonparty Co., Ltd. (hereinafter “Non-Party Co., Ltd.”), and on December 7, 2010, the Defendant guaranteed the Defendant’s interest of 3% per month by the non-party Co., Ltd. and extended the period of agreement at one year, and both parties wish to extend. Upon the termination of the contract period, the Non-Party Co., Ltd. entered into an investment start-up agreement with the Defendant to return the total amount of the invested principal to the Defendant, and transferred KRW 50,000,000 to the new bank account (G) in the name of Non-Party Co., Ltd. (hereinafter “Non-Party Co., Ltd.)’s representative director, and the Defendant entered into the said investment contract with the Non-Party Co., Ltd.’s “E” on 00,000 won on December 20, 2000.

(hereinafter referred to as “each of the instant investment contracts” and each of the said investments is referred to as “each of the instant investments”). B.

Each of the instant investment contracts between the Defendant and the Nonparty Company is not extended and the period of one-year agreement was terminated on December 26, 201, and the period of one-year agreement was terminated, and the Nonparty Company did not return each of the instant investments under each of the instant investment contracts to the Defendant. At the time of entering into each of the instant investment contracts, the Defendant concluded each of the instant investment contracts by deception between Nonparty F and the Plaintiff, who was the representative director of the Nonparty Company, and acquired the amount of each of the instant investments, and filed a complaint against the said F and the Plaintiff on suspicion of fraud (hereinafter referred to as “related criminal case”), and each of the instant investment refunds claims as preserved claims, and deposit claims against the Plaintiff’s National Bank of Korea and the Korea C&C Co., Ltd. on April 26, 2012.