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(영문) 부산지방법원동부지원 2020.09.24 2018가합107212
투자금 등 반환
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. F’s implementation of the F’s new construction and sale business of a commercial building has been carrying on the new construction and sale business of a commercial building from around 2010 to “G,” and the F has carried on the new construction and sale business of a commercial building from around April 2015 to “H” and “I” from May 2016.

B. The Plaintiff’s investment details 1) around February 22, 2015: (a) drafted an investment agreement with K and four other persons registered as a joint representative of the business entity called “J” around February 22, 2015; (b) transferred the investment amount of KRW 10,000,000 as the investment amount on February 22, 2015; and (c) KRW 200,000,000 as the total amount of the investment amount of KRW 140,030,000 as the K’s account; and (d) prepared an investment agreement with K on April 27, 2016 to receive KRW 10,00,000 as the investment amount of KRW 10,000,000 as the investment amount of KRW 10,000,000 as the investment amount of KRW 10,000 and KRW 20 as the investment agreement on April 27, 2016.

c) The Plaintiff and the Defendant E drafted a letter of undertaking. On September 17, 2018, with respect to payment of KRW 327,860,00 of the Plaintiff’s investment proceeds from the investment in the new commercial building construction and distribution business between the Defendant E and the managing director of F and G on September 17, 2018, the Plaintiff is a letter of undertaking with the following content (hereinafter “instant letter of undertaking”).

was drawn up.

On October 5, 2018, the letter of undertaking confirms that any cause relating to the payment made by the Company shall be avoided and payable at the company level on the same day.

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