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(영문) 서울중앙지방법원 2017.11.28 2016가단5192418

투자금 반환 등 청구의 소

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. Since April 201, 201, C’s business of operating a master craftsperson and Defendant’s lending of money, D led by and E and F participated in C’s business of operating master craftsperson C (a large-scale master craftsperson in C, which is entrusted to others with his operating rights; hereinafter “instant master craftsperson”).

The defendant received a request from D to make an investment for the above business, but rejected a request, instead, received release on bail and a high-class market from E and F as a security, and lent a total of KRW 200 million to D on August 31, 201 and September 9, 2011, respectively.

At the time of the above lending, the above KRW 200 million was converted to the investment, and if the contract was not concluded, the EF also agreed to pay to the Defendant each KRW 100 million by December 31, 201.

B. After the establishment and investment of a corporation, D established a corporation of KRW 200 million in capital as well as the loan of KRW 200 million in order to become a sexuality, the Defendant agreed with D to separately attract KRW 100 million in capital on the condition that he/she invested KRW 100 million and the remainder of KRW 100 million in capital in the condition that he/she did not use until the conclusion of the contract for the right to operate a master crafts. On October 10, 2011, the representative director and internal director of D (the Defendant became aware of D through his/her relative relationship with H), and the auditor of H established the Defendant and internal director of D (hereinafter “I”).

As the Defendant’s passbook with a balance of KRW 100 million on the same day, KRW 25 million was deposited in the name of J, which is the Plaintiff’s female spouse, KRW 25 million, KRW 25 million in the name of K, and KRW 50 million in the name of L (Cppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppppp

On the other hand, on December 6, 201, the above KRW 50 million deposited by L was returned from the I’s account to L’s account on December 6, 201.

C. The Defendant, even though around April 2012, entered into a contract for the right to operate a master craftsperson.