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(영문) 서울동부지방법원 2020.01.16 2018가단145827

투자금반환청구

Text

1. Defendant C’s KRW 45,00,000 and its amount are 5% per annum from June 29, 2017 to May 20, 2019.

Reasons

1. On June 29, 2017, the Plaintiff, Defendant B, and C agreed to jointly establish a joint stock company and to import high-ranking raw materials from the DLLC located in China where Defendant C is in charge of general interest, to supply them to the domestic high-ranking funeral research, and to contribute KRW 50,000 to each of them.

On June 29, 2017, the Plaintiff remitted KRW 50,000,00 to Defendant B’s bank account, and entrusted the certificate of personal seal impression and seal impression so that the establishment of a company would soon proceed, but the Defendants did not perform their obligation to pay the investment and did not establish a corporation.

On July 25, 2017, Defendant B entered into an import agency contract with the company located in the Chinese Cheongdo to import drilling raw materials from the Plaintiff and deliver them to the domestic high-ranking funeral company. The Defendants established E on December 11, 2017.

The Defendants were invested in KRW 50,00,000 by explaining only the plan for business plan in a false manner without any intent to conduct the business with the Plaintiff, and then the Defendants and the third parties were engaged in the business with the exception of the Plaintiff. Ultimately, the Defendants acquired 50,00,000 won by deceiving the Plaintiff’s money.

The Plaintiff demanded the Defendants to return KRW 50,000,000. However, Defendant C only paid KRW 5,000,000, and did not receive a refund of KRW 45,000.

Therefore, the Defendants are jointly and severally liable to pay to the Plaintiff KRW 45,000,000,000,000.

2. As to the Plaintiff’s determination on the Plaintiff’s claim against Defendant C as the cause of the instant claim, the Defendant C appeared at the date of pleading and testified to the effect that all of the unclaimed investments would be paid KRW 45,00,000,000.

Therefore, Defendant C’s non-returnable investment amounting to KRW 45,00,000 and its related amount shall be the year from June 29, 2017 to May 20, 2019, which is the delivery date of a copy of the complaint of this case.

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