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(영문) 부산지방법원동부지원 2019.04.11 2018가단203298
투자금 반환 청구의 소
Text

1. Defendant C shall pay to the Plaintiff KRW 20,00,000 and the interest rate of KRW 15% per annum from December 9, 2018 to the date of full payment.

Reasons

1. Determination as to the claim against Defendant C

A. On December 24, 2014, the Plaintiff agreed that Defendant C would return the investment amount, and thus, transferred KRW 20 million to the Defendant C’s account designated by Defendant B on December 24, 2014, Defendant C is obligated to return the said investment amount.

(b) Judgment by public notice of applicable provisions of Acts (Article 208 (3) 3 of the Civil Procedure Act);

2. Determination as to the claim against Defendant B, D, and F

A. The Plaintiff alleged that Defendant B, D, and F promised to pay (return) dividends and investment principal. As such, the Plaintiff invested KRW 70,960,000 in total to Defendant B, and among them, remitted KRW 14,400,000 in total to Defendant D’s account designated by Defendant B, and KRW 34,80,000 in total to Defendant F’s account.

Therefore, Defendant B is obligated to return the said invested principal, Defendant D, and F jointly and severally with Defendant B to the Plaintiff.

B. The reasoning of the judgment is insufficient to acknowledge the fact that the Plaintiff entered into an investment agreement, as alleged by the Plaintiff, with Defendant B, D, and F solely on the basis of each statement of evidence Nos. 1 through 4 (including virtual numbers). Rather, according to the evidence No. 2, the Defendant B is the lowest investor of the similar recipient company, and the fact that the Defendant B is one of the victims is only recognized.

(In addition, there is no sufficient evidence to deem that there was a joint tort committed by Defendant B, D, and F by taking part in the act of fund-raising without permission. Accordingly, the Plaintiff’s claim against Defendant B, D, and F is without merit.

3. The plaintiff's claim against the defendant C is accepted, and the remaining claims against the defendants are dismissed. It is so decided as per Disposition.

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