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(영문) 수원지방법원 2015.02.06 2014가합6612

투자정산금 반환

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1. All claims filed by the Plaintiff (Counterclaim Defendant) are dismissed.

2. The total costs of the lawsuit shall be borne by the Plaintiff (Counterclaim Defendant).

Reasons

1. Basic facts

A. On August 201, the Plaintiffs and the Defendant agreed to make partial investments in money and actually engage in credit business and divide profits from such investment in proportion to their respective investments.

B. Thereafter, around August 25, 2011, the Plaintiffs and the Defendant invested each of the Plaintiff A70 million won, Plaintiff B, and Defendant 165 million won, and lent the amount of KRW 400 million to D with interest.

C. D created the right to collateral security under the name of the Defendant and the right to collateral security under the name of the Plaintiff, each of the real estates listed in the separate sheet (1) with respect to each of the real estates listed in the separate sheet (1), with a maximum debt amount of KRW 300 million.

1) As to each real estate listed in the separate sheet (1) at the time of the establishment of each right to collateral security, a single bank (hereinafter “one bank”) with the maximum debt amount of August 24, 2010, which is KRW 924 million, as indicated in the separate sheet (1).

(2) On June 2012, one bank filed an application for auction for the exercise of a security right to each real estate listed in the separate list (1) based on the above collateral security, with the Cheongju District Court E on the basis of the foregoing collateral security. On June 26, 2012, the above court rendered a decision to commence auction on June 26, 2012, and proceeded with the auction procedure.

(hereinafter “instant auction procedure”). The first sale date of the instant auction procedure was failed, and only the real estate listed in the separate sheet (1) to 17 March 4, 2013, which was the second sale date, was sold to a third party in total at KRW 790,80,000,000,000,000 for each real estate listed in the separate sheet (1) to the third party, and each real estate listed in the separate sheet (1) to 18 through 22, which is the remaining objects of auction (hereinafter “instant auction procedure”).

[2] There was no sale. After that, on April 8, 2013, the third sale date was conducted for each real estate listed in the [Attachment 1] List No. 18 through 22 as of April 8, 2013, and the third sale date was scheduled to proceed on May 13, 2013. E. 1) In the same situation, the defendant around April 18, 2013, among the above loan credit against D from the plaintiff, the plaintiff A.