(영문) 부산지방법원 2016.01.15 2015가단48067

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(영문) 부산지방법원 2016.01.15 2015가단48067

투자금반환

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1. The Defendants shall jointly and severally pay to the Plaintiff KRW 140,000,000 and the interest rate thereon from August 22, 2015 to the date of full payment.

Reasons

1. The facts following the facts of recognition are deemed to have been led by Defendant B pursuant to Article 150 of the Civil Procedure Act among the Plaintiff and the Defendant B, and there is no dispute between the Plaintiff and the Defendant C, or it can be acknowledged in full view of the purport of the entire pleadings, and there is no counter-proof.

In early 2013, the Plaintiff entered into a prop work contract for multi-family housing project site (hereinafter “instant first investment contract”) with the Defendants, D, and E as follows:

1) The Dongjak-gu Seoul Metropolitan Government F and G non-party 9,668 square meters (hereinafter “instant land”).

(2) The Defendants, D, and E agree to compensate the Plaintiff for the principal of the loss incurred due to the suspension of the business, in case where the loss was incurred due to the suspension of the business due to the lack of the promotion of the business, the Defendants, D, and E agree to compensate the Plaintiff for the principal of the loss incurred by the suspension of the business.

(hereinafter referred to as “instant first compensation agreement”). B.

However, as the Plaintiff failed to obtain the consent of D and E, and was unable to obtain notarial deeds on the instant contract, the Plaintiff entered into a contract under which part of the content of the instant investment contract was modified as follows (hereinafter “instant 2 investment contract”) with the Defendants on February 26, 2013, and entered into a contract with the Defendants on the same day with the consent of the Defendants as to the contract stating the said content on the same day, and was written with the consent of the Defendants as Seoul Notaries Office, etc. No. 4397 of 2013.

1. Of the anticipated funds, KRW 200 million out of the prop work in the instant land shall be invested by the Plaintiff and the said investment amount shall be deposited into the Agricultural Cooperative H account in the name of Defendant C, and the prop work and the prop work.

참조조문

-민사소송법 제150조

유사 판례

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