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Reasons
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(영문) 서울남부지방법원 2020.05.28 2020가단3127
투자금 반환
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1. The plaintiff's claim is dismissed.

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

Reasons

1. Summary of the parties' arguments

A. The Plaintiff asserted that the Defendant would provide a high profit when investing in the auction of real estate, and paid KRW 450 million to the Defendant from July 2014 to October 2016.

However, the Plaintiff did not pay all the profits to the Defendant, and the Plaintiff returned the money to the Defendant.

After the Defendant paid KRW 150 million to the Plaintiff, the Defendant exempted KRW 150 million from the payment of KRW 150 million to KRW 150 million to the Plaintiff, i.e., KRW 150 million from the payment of KRW 300 million from the remainder of KRW 300 million.

Since then, the defendant shall pay only KRW 42 million to the plaintiff and the defendant shall be obligated to pay to the plaintiff KRW 18 million (=150 million-42 million) and delay damages.

B. Although the Defendant’s assertion was made with the money to be paid to the Plaintiff, the Defendant agreed to grant the Defendant the full amount of KRW 25 million final and conclusive on August 7, 2018, thereby exempting the Defendant from the entire amount of the obligation. Therefore, the Plaintiff’s claim is without merit.

2. According to the overall purport of evidence Nos. 1, 2, and 3 as well as the entire pleadings, the Plaintiff wired only KRW 20 million to the Defendant, KRW 30 million on July 8, 2014, KRW 30 million on March 20, 2015, KRW 10 million on March 22, 2015, KRW 40 million on March 26, 2015, KRW 15 million on March 30, 2015, KRW 60,000 on March 31, 2015, KRW 200,000 on April 9, 2015, KRW 16,000 on April 16, 2015, and KRW 780,000 on April 28, 2016, the Defendant prepared a claim to the Defendant for the total amount of KRW 808,500,000 on March 26, 2016.

Since '' is a person who has received a written confirmation of the contents and received 25 million won on that day, the plaintiff's claim against the defendant shall be deemed extinguished.

As to this, the Plaintiff promised to pay the remaining money even after the Defendant’s formal written confirmation, and prepared the instant written confirmation.

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