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(영문) 제주지방법원 2015.04.28 2014가단3565
투자금반환
Text

1. The plaintiff's claim against the defendant B is dismissed.

2. Defendant C: (a) KRW 35,000,000 on the Plaintiff and its related matters.

Reasons

1. Basic facts

A. The parties and D-related 1) The Plaintiff served as a manager in charge of the accounting and sales of D-based corporation E from July 2007 to October 201, and established F-based corporation in collaboration with D on June 201, 201. The Plaintiff is the representative director, and D are jointly operated while serving as the auditor. 2) D was married with Defendant C’s smallest amount or G, but was divorced in 2004, and was in the part of Defendant C and the wife. The Defendant C was terminated from July 2007 to October 201, and was terminated to the construction site manager at the construction site manager at the E-based corporation, and on April 2012, the Plaintiff established a company under the name of Defendant B, one of the husband of H, who is one of its own forms, as the husband.

B. On April 2012, Defendant C requested D to provide loans of KRW 80 million to purchase and sell land, such as Jeju City J, on the ground that Defendant B was the representative of Defendant B, and that D could lend KRW 50 million to the Plaintiff without any money.

C. Upon hearing the end of D, on April 12, 2012, the Plaintiff remitted the loan amounting to KRW 50 million to Defendant C’s account (hereinafter “instant loan”). On May 7, 2012, Defendant C issued to the Plaintiff a sales contract signed in the name of Defendant B (hereinafter “instant house”) in order to provide the Plaintiff with the instant loan obligation as security for the instant loan obligation (hereinafter “instant house”) and KRW 50 million, KRW 35 million, the balance, KRW 120 million, and KRW 20 million, and KRW 40 million, and Defendant B’s certificate of personal seal impression.

Defendant C remitted to the Plaintiff’s account KRW 5 million on May 15, 2012, and KRW 10 million on November 19, 2012, and sold the instant house to Nonparty L on May 15, 2013, and then prepared to sell the instant house on July 2, 2013 to D on April 13, 2012, KRW 50 million on May 15, 2012, and KRW 35 million on November 19, 2012, up to August 10, 2013.

“ e-mail sent” to the effect.

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