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(영문) 수원지방법원 안산지원 2018.10.05 2018가단4314

투자금반환

Text

1. The plaintiff's claim is dismissed.

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

Reasons

The fact that the Plaintiff remitted KRW 50 million to the Defendant on June 26, 2014 is not disputed between the parties, or that the Plaintiff may be recognized by comprehensively taking account of the descriptions in subparagraph 1-1 through 5.

The Plaintiff made an investment in KRW 50 million with the Defendant and the Plaintiff, and the Defendant concluded an investment agreement to return KRW 25 million, which is the principal of the investment, after six months thereafter, the Plaintiff claimed the return of KRW 50 million with the invested principal.

As to this, the defendant has invested KRW 50 million in C, and the defendant is asserting that it only delivered KRW 50 million received from the plaintiff to C on June 28, 2014.

As to whether the agreement between the Plaintiff and the Defendant on investment was concluded, it is difficult to acknowledge the fact that the Plaintiff transferred KRW 50 million to the Defendant, and there is no other evidence to acknowledge that the agreement was concluded.

Therefore, without examining the legitimacy of the defendant's above assertion, the plaintiff's above assertion is without merit.

Therefore, the plaintiff's claim of this case is dismissed as it is without merit, and it is so decided as per Disposition.