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(영문) 서울남부지방법원 2014.09.04 2013가합660
투자금반환 등
Text

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

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

Reasons

The summary of the Plaintiff’s assertion as to the claim related to investment contract is a de facto marital relationship, and Defendant B is the representative director of Nonparty D Co., Ltd. (hereinafter “Nonindicted Company”) for the purpose of proxy driving business, and Defendant C is an internal director of the said company.

Defendant B became aware of Nonparty B, an insurance solicitor, in relation to the insurance policy of a substitute driver on February 2009, and Party B is the husband of the Plaintiff.

The Plaintiff became aware of the Defendants through the introduction of E, and invested the purchase fund for the “F” purchase fund for the substitute driving number, the Defendants operated the above number by proxy driving business, brought about KRW 700,000 among the 20% of the commission driving fee that the commission driving company receives for each telephone, and heard that the remainder of the profits will be transferred to the Plaintiff, and invested KRW 50,000,000 on November 30, 2010 through her husband E.

In addition, the Plaintiff, on May 30, 201, remitted the amount of KRW 80 million to Defendant B’s account on the same condition if the Defendants invested KRW 80,000,000 in the purchase fund of “G” purchase fund.

From May 31, 2011 to July 22, 2012, the Defendants: (a) paid a total of KRW 28.75 million with respect to F numbers; and (b) a total of KRW 73.4 million with respect to G numbers (total of KRW 12.150,000; (c) suspended the payment of annual earnings; and (d) transferred the name of Nonparty H and the insured on September 12, 2012 to Ga Exchange.

Inasmuch as the above contract was terminated on July 22, 2012 due to the Defendants’ failure to perform his/her obligation due to the failure to pay the profits, the Defendants were obligated to return each telephone number subscriber’s name and business rights to the Plaintiff, the investor, or immediately return the investment money and distribute the monthly operating income by the time of the return of the investment money.

Therefore, upon the termination of the above contract, the Defendants made investments to each of the Plaintiff on March 1, 196.

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