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(영문) 대전지방법원 2016.11.25 2016가단18774
투자금반환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The plaintiff, the cause of the claim, if the defendant invests KRW 25,300,00,000, shall be the non-party L&C Korea (hereinafter referred to as "non-party-party company") held by the defendant.

(1) transfer 4,600 shares (25,300,000 shares) as security to the Plaintiff and offer 30 percent (30%) of the shares to the Plaintiff.

“In doing so, the Defendant paid KRW 25,300,00 to the Defendant on July 2012. However, the non-party company clearly identified as a non-party company and demanded the Defendant to return the investment amount and the Defendant delayed the return of the investment amount although it promised to return it on October 2012. Thus, the non-party company asserts to the effect that it seeks the return of the investment amount promised.

2. As to the judgment, the defendant paid the money received from the plaintiff to the non-party company and acquired and transferred the shares of the non-party company to the plaintiff, so the plaintiff did not make an investment in the non-party company but made an investment in the non-party company, and the defendant did not promise the return of the investment amount or the payment

On the other hand, a person who asserts a legal effect favorable to the principal is responsible for proving the fact that his right has occurred. The evidence submitted by the Plaintiff (certificate of confirmation of stock rights, certificate of stock acquisition, certificate of stock acquisition, content certificate) has invested KRW 25,300,000 to the Defendant.

It is insufficient to recognize that the Defendant agreed to return the principal of the investment to the Plaintiff, and there is no other evidence to acknowledge it.

Therefore, the plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.

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