(영문) 서울북부지방법원 2019.10.29 2018가단124109

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(영문) 서울북부지방법원 2019.10.29 2018가단124109

투자금반환 등

Text

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

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

Reasons

1. The plaintiff asserts as follows. A. The plaintiff asserts as the ground for the claim of this case.

On December 1, 2008, the Plaintiff entered into a partnership agreement with the Defendant on December 1, 2008, stating that “the Plaintiff shall invest respectively KRW 50 million in KRW 35 million, and the Defendant shall mine and sell pine trees located in Gangwon-do,” and granted KRW 50 million to the Defendant.

B. With knowledge of the fact that C, a seller of pine trees, will not participate in the partnership relationship with C, the Defendant: (a) induced the Plaintiff to enter into the partnership agreement by deceiving the Plaintiff; (b) purchased pine trees from D with the investment received from the Plaintiff; (c) did not inform the Plaintiff of the details of the sales of pine trees; or did not distribute the profits therefrom.

C. Accordingly, the Plaintiff primarily and primarily sought the return of the investment amount due to the termination of the above agreement on the grounds of the Defendant’s nonperformance, or the payment of damages for delay due to a tort committed by the Defendant’s deception, and ② in the preliminary case, the Plaintiff withdraws from the partnership relationship with the instant lawsuit, and accordingly, sought the payment of 51 million won (=85 million won (total amount of investment amount) 】 60% (the Plaintiff’s share)) and damages for delay.

2. The following facts can be acknowledged by taking into account the following facts: Gap evidence Nos. 1, 2, Eul evidence Nos. 1 to 3, and Gap evidence No. 1 to 3, response to an order to submit financial transaction information to E banks by this court and the whole purport of arguments, and Gap evidence No. 3 does not interfere with the above recognition.

The plaintiff was introduced from the defendant around 2008 that he extracted and sold pine trees located in Gangwon-do.

B. The Plaintiff and the Defendant transferred money to C’s bank account (E BankF) around 2008 as follows.

Plaintiff

Defendant: KRW 10 million ( September 25, 2008), KRW 50 million ( September 29, 2008): KRW 10 million ( September 2008), KRW 25 million).

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