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(영문) 서울중앙지방법원 2019.04.30 2017가단5230188
대여금
Text

1. The plaintiff's primary and conjunctive claims are all dismissed.

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

Reasons

1. Facts of recognition;

A. The Defendant decided to invest KRW 300 million at the new site of apartment construction in D area where the Defendant, a company Co., Ltd. (hereinafter “C”) that is an agent related to the execution of apartment, has made an investment of KRW 120,000,000,000 for each of them, and KRW 60,000,000 for E.

On April 29, 2016, the Plaintiff transferred KRW 120,000,000 to the Defendant account, and KRW 60,000,00 to May 2, 2016, and the Defendant invested KRW 300,000,00,000 to C including its own investment portion.

C On May 2, 2016, the investor representative defendant entered into an investment agreement to pay 600 million won to the defendant, including 300 million won in earnings with the defendant.

B. Meanwhile, the Defendant already invested a total of KRW 350,000,000 in two places where C is acting as an agent (including KRW 50,000,000,000,000,000,000,000,000,000,000,000,000).

C. Accordingly, the Defendant agreed with C on February 17, 2017 that the sum of KRW 1,055,000,000, including the existing amount of investment and agreed earnings, shall be paid in a phased manner.

According to the above agreement, C shall pay one-lane KRW 300 million to the Defendant (including KRW 20,000,000,000,000,000,000,000). However, on February 24, 2017, the remainder is not paid.

Accordingly, on March 13, 2017, the Defendant paid to the Plaintiff KRW 12 million and KRW 11 million to E as a partial return of the investment amount, among the remainder of KRW 100 million, excluding KRW 20,000,000,000,000 to investors.

[Grounds for Recognition: Each entry in Gap 1 through 10, Eul 1 through 12, testimony of witness E, fact inquiry results, purport of all pleadings]

2. Judgment on the plaintiff's primary claim

A. The Plaintiff is KRW 120 million to the Defendant.

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