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(영문) 서울동부지방법원 2020.07.21 2019가단4282
대여금
Text

1. The plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. The plaintiffs asserted that the defendant established a local corporation in Vietnam and made it possible to appoint the plaintiffs as joint representatives, and divided 30% of their corporate shares into 30% of their shares, and that the plaintiffs were entitled to 35,245,982 won and 37,500,000 won from the plaintiff Eul, and they agreed to return the above money thereafter.

Therefore, the defendant is obligated to pay each of the above money to the plaintiffs on the ground of an agreement for compensation or return for tort.

2. Determination

A. The plaintiffs asserted that the defendant established a local corporation in Vietnam and appointed as a joint representative, divided into shares of the corporation, and delivered money by deceiving that they would have exclusive right to sell apartment units. However, it is not sufficient to recognize the above only by the descriptions of the evidence No. 10 and No. 11, and there is no other evidence to prove otherwise.

Rather, the following circumstances are acknowledged by the overall purport of evidence Nos. 2 through 4, 21, and 23 as well as the overall purport of arguments, namely, the plaintiffs established a real estate limited liability company called "E" while recruiting Korean people who intend to invest in the Vietnam apartment complex and promoting the apartment sales business in the local area where they intend to obtain brokerage commission. However, it appears that the business has not been promoted properly due to the lack of funds required for the investment presentation and advertisement. The defendant introduced local related persons in promoting the above business, and received money from the plaintiffs in the process, and received money from the plaintiffs in the process of establishing the corporation. As to the money paid by the plaintiffs to the defendant in the course of implementing the business, the defendant was paid for expenses such as aviation fees, expenses for the performance of bonds, office rents, expenses for the establishment of the corporation, etc., or deposited in the corporate account.

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