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(영문) 수원지방법원성남지원 2020.08.11 2019가합404283
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Summary of the parties' arguments;

A. The summary of the Plaintiff’s assertion was presented from the Defendant around 2004 that “if the market price increases to a certain degree by making an investment with information about the development plan in the Yanan-si, which may be invested, the Plaintiff would distribute the profits according to the share in the ratio of principal invested and invested.” The Plaintiff made an investment of KRW 300 million (investment of KRW 1.7 billion, KRW 377 billion, KRW 410 million, KRW 100 million) and completed the registration of ownership transfer in the name of the Defendant, C and the Defendant, who is the seat of the Defendant.

On December 14, 2017, the Plaintiff demanded the Defendant to settle the accounts under an investment agreement, but the Defendant refused to implement the agreement, thereby compensating the Plaintiff for the damages incurred thereby.

Therefore, at the time of refusal of performance, the Defendant is liable to compensate for damages equivalent to the profit corresponding to the Plaintiff’s share among the value of the instant land.

The plaintiff's investment-related KRW 300 million and damages for delay are claimed as an explicit part of the claim.

B. The summary of the Defendant’s assertion was that the Defendant entered into an investment agreement to purchase the instant land by investing KRW 1.7 billion and KRW C 1.1 billion between C and C around 2004, and there was no joint investment agreement with the Plaintiff and D.

C The fact that the investment funds invested by the Defendant include the investment funds of the Plaintiff and D was known from C after purchasing the instant land.

Around September 2008, the business of K, which is operated by C, has aggravated, and the defendant paid interest on loans to C and K, received loan obligations, and returned the remaining amount of KRW 100 million to C, and thus the settlement of the investment amount of KRW 1.1 billion has already been completed.

2. Determination Doctrines, Gap evidence Nos. 3, 5, and 7 are only written.

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