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(영문) 부산지방법원 2016.02.04 2015가합3672
부당이득금반환등
Text

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

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

Reasons

Plaintiff

The main point of the argument was that the Plaintiff invested 600,000,000 won in total with the Defendants (Defendant C 300,000,000 won, and Defendant B 150,000,000 won in each of the Plaintiff and Defendant B) to operate D and distribute profits to the ratio of shares according to the investments.

The Plaintiff’s investment of 150,00,000 won exceeding 150,00,000 won to be invested by the Plaintiff at the Defendants’ request (i.e., 39,60,600,000 won on July 30, 2013; 200,000 won on August 20, 2013; 30,000 won on investment of 150,00 won; 30,00,000 won on September 25, 2013; 30,000,00 won on investment of 10,000 won; 40,000 won on September 25, 2013; 30,000 won on investment of 20,00 won on September 5, 2013; 30,000 won on investment of 10,304.10,000 won on investment of 14.203

In addition, the Plaintiff paid KRW 16,00,000 out of KRW 200,00,000, which was loaned as start-up funds from the COS Capital Capital on June 24, 2013, separately from investment funds, and the Defendants are obliged to pay each of the above 1/3 of the above repayment amount to the Plaintiff as its indemnity amount.

In addition, among the profits accrued from the above operation of the PC, the Defendants do not pay a total of 35,405,430 won (2,406,666 won from October 2, 2013 to November 2, 2016, KRW 4,067,333 won from January 5, 2014 to February 5, 808,000 won from February 2, 2014, KRW 358,665,00 for 5,135,660 won from May 5, 5,529, 433 won from June 2, 2013, and therefore are embezzled at will.

Therefore, the Defendants jointly and severally pay to the Plaintiff the sum of KRW 355,282,563 (i.e., unjust enrichment amounting to KRW 242,543,800 for indemnity amounting to KRW 77,33,333 for embezzlement amounting to KRW 35,405,430).

Judgment

(a)..

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