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(영문) 서울중앙지방법원 2016.07.22 2015가단35513
보관금반환
Text

1. The Defendant: 56,097,435 won, respectively, and 5% per annum from November 1, 2012 to July 22, 2016, respectively, to the Plaintiffs.

Reasons

1. Basic facts

A. On September 13, 2012, the Plaintiffs: (a) at the Defendant’s office located in Guri-si, the Defendant agreed to invest in money in the casino broadcast business in the Philippines with E and F; (b) Plaintiff B transferred KRW 60,000,000 on September 17, 2012, and Plaintiff A transferred KRW 20,000,000 on September 18, 2012, and KRW 40,000 on October 8, 2012 to each Defendant.

B. After that, the Plaintiffs discovered problems such as the Defendant’s above business did not have a G Entertainment and share contract, and requested the return of the investment amount under the preceding paragraph. The Defendant agreed to return the investment amount from October 16, 2012 to the Plaintiffs, which returned KRW 7,805,129 from October 16, 2012, and promised to make efforts to recover the Plaintiff’s investment amount at a rapid time on May 7, 2013.

[Reasons for Recognition] Uncontentious Facts, Entry of Evidence A Nos. 1 through 5, the purport of the whole pleadings

2. Determination on the cause of the claim

A. The Plaintiffs’ investment agreement against the Defendant on the duty to return the investment amount was not run properly, and the agreement was terminated upon the Defendant’s request for the return of the investment amount and the Defendant’s consent. As such, the Defendant is obligated to pay the Plaintiffs the remainder of 56,097,435 won after deducting the already returned KRW 3,902,565 (7,805,129/2) from each of the above investments amounting to 60,000,000, which promised to return the said amount as the obligation to liquidate.

B. The defendant's assertion that the above amount paid to the defendant is contributed to five persons, including the plaintiffs, the defendant, the F, and E, by the agreement that they will jointly operate the casino business. The defendant used KRW 20,600,000 out of the above amount of the plaintiffs' above investment as business costs according to the business purpose, returned KRW 7,805,129 to the plaintiffs. The remaining amount is to H who operates the casino game company at the request of the plaintiffs.

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