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(영문) 서울중앙지방법원 2017.07.07 2016가단134790
투자금반환
Text

1. The defendant (Appointeds) and the designated parties are as follows: KRW 30,000,000 for each of the plaintiffs A, and they are as from February 12, 2007.

Reasons

1. Basic facts

A. The Defendant (Appointed Party; hereinafter “Defendant”) established and took office as representative director in around 1993, and subsequently established the Appointed E, F, G, and H additionally, and held office concurrently by the representative director of the said Appointed (hereinafter “Appointed”) (hereinafter “Nonindicted Company”) and took overall charge of the duties of the Appointed Company from around 1993 to around 2014.

The designated companies have a separate legal personality, but they were operated as real one company by Defendant C, the representative director of the company.

The Appointor I served as Defendant E’s wife as Defendant C’s auditor.

The Appointor J was registered as the representative director, director, or auditor of the defendant company as well as the representative director from the time of the establishment of the defendant D, and was registered as the shareholder of some of the selected companies, and served as a management director in charge of general management affairs and public relations.

B. On February 12, 2007, Plaintiff A invested KRW 30 million in relation to K, and Plaintiff B invested KRW 75,000,000 in relation to the development project (hereinafter “the project in this case”), such as the Gangwon K district (hereinafter “K”), the Gyeongbuk L district (hereinafter “Gyeongbuk L”), the Gyeongwon M, the NA N (hereinafter “N”), and the Gangwon K (hereinafter “O”), which is developed and planned by the designated company on May 19, 2004. At the time of each investment contract in this case, Plaintiff A invested KRW 30 million in relation to K, and Plaintiff B invested KRW 75,00,00,000 in the name of the designated entity, regardless of the area subject to overall control over the project in this case, and received a designation contract in the name of D, regardless of the area subject to investment from the designated entity D.

C. According to each of the investment contracts of this case, the plaintiffs shall pay the investment funds to the designated investors D, and the designated investors D shall complete the business within two to three years from the date of the payment of the balance to the investors and shall be 30% of the business site or 10% of the investment area.

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