투자금반환청구의 소
The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
1. Basic facts
A. The Plaintiff is a company established on March 7, 2016 for the purpose of real estate sale and lease business, and Defendant B (hereinafter “Defendant Fund”) is a company established on June 29, 2017 for the purpose of online loan information brokerage business, etc., and Defendant C Co., Ltd (hereinafter “Defendant Capital”) is a company established on July 27, 2017 for the purpose of credit business, etc.
B. From March 7, 2016, D serves as the Plaintiff’s representative director, and from the time of the establishment of the Defendant Fund, D served as the inside director of the Defendant Fund from October 24, 2017 to October 24, 2017. From the time of the establishment of the Defendant Capital, D served as the inside director of the Defendant Capital from the time of the establishment to December 7, 2017.
[Ground of recognition] Unsatisfy, entry of evidence No. 7, purport of the whole pleadings
2. Determination as to the Plaintiff’s claim against the Defendants
A. 1) The Plaintiff invested KRW 422,200,000 in total on six occasions from August 29, 2017 to September 28, 2017, as indicated in the attached investment agreement sheet to the Defendants (hereinafter “instant investment agreement”). The E-related investment agreement is “instant 1 investment agreement”, “the instant 2 investment agreement”, and “the instant 3 investment agreement”, as indicated in the investment agreement related to Hongcheon-si Complex.
(2) According to each of the instant investment agreements, the Defendant Fund shall receive the investment money from the Plaintiff and lend the investment money to the designated person at the time of payment of the investment money through Defendant Capital (hereinafter “designated debtor”), and receive the investment principal and revenue from Defendant Capital and return it to the Plaintiff. Defendant Capital shall designate the Plaintiff’s investment money received from Defendant Capital to the obligor, and collect and pay the principal and interest from the designated obligor through bond management.
3. The scheduled date of redemption stipulated in each of the instant investment agreements has expired, and the Defendants are designated.