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Reasons
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(영문) 서울동부지방법원 2015.04.07 2014가합103228
투자금 등 반환 청구의 소
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1. The defendant,

A. As to the Plaintiff A’s KRW 36,050,000 and KRW 1,050,00 among them, June 13, 2014; and KRW 35,000.

Reasons

1. The following facts can be acknowledged in full view of Gap evidence Nos. 1, 2, 3, Eul evidence Nos. 4-1, 2, 3, Eul evidence No. 1, 2, Eul evidence No. 10-1, 12, Eul evidence No. 14-1, 2, and Eul evidence No. 14-2, witness D and E's testimony and arguments.

The plaintiffs and D, E, and the defendant, as a middle school and high school, have invested their own money in running restaurant businesses around June 2007. The plaintiff A, around July 18, 2007, and the plaintiff B, around July 19, 2007, contributed to the investment of KRW 40,000,000 as well as KRW 5,00,00 as well as KRW 40,000 as well as KRW 40,00 as well as KRW 40,00 as well as KRW 40,00 as well as KRW 95,00,00 as well as KRW 95,00,00 as well as KRW 95,00 as well as KRW 20,00 as well as KRW 20,00 as well as KRW 40,00 as well as KRW 40,00 as well as KRW 5,00,00 as well. The defendant used the above funds to open the "building 1G's ground restaurant."

Business registration of the above restaurant was made in the name of D, and the overall management and administration of the loan was made by the defendant, and the main business was D, respectively.

B. On June 12, 2008, the Defendant paid the Plaintiff KRW 660,00 and KRW 666,000 to the Plaintiff, and paid the Plaintiff KRW 1,350,000, KRW 375,000 to the Plaintiff, KRW 375,00, KRW 1,425,00 to E, and KRW 70,000 to D, etc. on several occasions from June 2008 to August 2009.

C. Around April 18, 2008, Plaintiff A contributed 30,000,000 won to the Defendant in the form of a loan, which is not an investment loan, in addition to the above restaurant business (the transfer of KRW 50,000,000 on April 18, 2008 at the beginning of that year, and received a refund of KRW 20,000,000 on April 30, 2008), and received interest every month from June 23, 2008 to October 22, 2009.

On September 18, 2009, Plaintiff A decided to convert KRW 30,000,000 invested with loans around April 18, 2008, and Plaintiff B additionally invested KRW 40,000,000, D, and Defendant KRW 80,000,000.

The defendant.

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