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(영문) 서울동부지방법원 2020.10.23 2019가합107317
투자금 반환 청구의 소
Text

Defendant:

A. The Plaintiff 220,194,840 won and the interest rate of 12% per annum from August 14, 2019 to the date of full payment.

Reasons

1. Basic facts

A. The Plaintiffs and the Defendant jointly invested in December 2014, and agreed to jointly take over and operate D (the trade name before the change: E) and FF Co., Ltd., a corporation Vietnam (hereinafter in the name of the company, omitted the entry of the company, and when it is not necessary to distinguish the above companies, all of the above companies shall be referred to as “foreign company”) from G, and thereafter, Plaintiff A made an investment in kind in a textile source amounting to KRW 200 million, and Plaintiff B made an agreement to contribute KRW 100 million to Plaintiff B and the Defendant to contribute KRW 200 million (hereinafter “instant partnership agreement”).

B. In accordance with the instant trade agreement, Plaintiff B invested KRW 1 million in the registration fee for certified judicial scrivener around December 2014, ② KRW 10 million on January 19, 2015, ③ KRW 9.5 million on March 25, 2015, respectively, and remitted KRW 10 million to Plaintiff A’s account on February 2, 2015.

C. On May 12, 2015, the Defendant acquired the non-party company KRW 170 million from G to the non-party company’s KRW 170 million, and drafted a “Agreement on Debt Settlement” in which the Defendant decided to succeed to the non-party company’s obligations. The said agreement includes KRW 65 million of the outstanding amount of the non-party company’s outstanding amount of the non-party company against H operated by Plaintiff B, and the Plaintiff B converted the outstanding amount of the non-party company’s outstanding amount of the non-party company into the investment amount under the instant business agreement and invested the non-party company’s outstanding amount of the non-party company

Plaintiff

B around September 2015, Plaintiff A expressed his intent to withdraw from the instant partnership agreement to the Defendant around October 2015, and around that time, the Defendant agreed to return the investment amount to the Plaintiffs (hereinafter “instant agreement”).

E. On November 18, 2015, Plaintiff A and the Defendant drafted a letter of commitment stating that “Plaintiff A has invested USD 188,040 in the investment amount for the establishment of F Corporation.”

[Ground of recognition] Facts without dispute, Gap 3-13 evidence (where there are several numbers in documentary evidence, the indication is omitted; hereinafter the same shall apply) and all pleadings.

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