가공매입액의 인정상여 처분에 대해 투자자에게 귀속되었다는 주장의 당부[국승]
Seoul High Court 2008Nu22862 (No. 14, 2009)
National High Court Decision 2007Du1754 (Law No. 24, 2007)
The legitimacy of the assertion that the disposition was vested in the investor by recognizing the amount of processed purchase
In full view of the fact that it is difficult to believe that the Plaintiff used an investor’s account by simply returning investment money, and that the Plaintiff did not submit an investment agreement or financial data, etc. to which the amount of investment was deposited, the Plaintiff is deemed to have reverted to the Plaintiff.
The contents of the decision shall be the same as attached.
The appeal is dismissed.
The costs of appeal are assessed against the Plaintiff.
All of the records of this case and the judgment of the court below and the grounds of appeal were examined, but it is clear that the assertion on the grounds of appeal by the appellant constitutes Article 4 of the Act on Special Cases Concerning the Procedure of Appeal and therefore, the appeal is dismissed pursuant to Article 5 of the above Act. It is so decided as per Disposition