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Reasons
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(영문) 수원지방법원안산지원 2019.01.11 2018가단58854
양도대금 반환청구
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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On October 2, 2015, the Plaintiff’s mother C (the Plaintiff’s agent) and the Defendant entered into a trade agreement with the Plaintiff that “C shall invest KRW 65 million in the same trade with the Defendant, and the Defendant’s name in the trade of KRW 40 million, and the Defendant shall be the Defendant, and the Defendant shall be the Defendant, who shall bear profits and monetary responsibilities with C, and the Defendant shall pay KRW 3 million per month, and C shall exercise its rights on behalf of the Plaintiff” (hereinafter “instant trade agreement”).

B. On October 2, 2015, the Defendant, who entered into a lease agreement, leased the instant dan 30,000 KRW 20,000,000, monthly rent of KRW 650,000, and the lease period on October 1, 2018 (hereinafter “instant lease agreement”), signed and sealed the instant lease agreement as a observer.

C. On March 30, 2016, KRW 1,500,000,000, KRW 1500,000,000, KRW 1,500,000, KRW 1,500,000, KRW 1,500,000, KRW 1,000, KRW 2,000

2) On the same day, the Defendant drafted an agreement with the Plaintiff and the Defendant, representing C, to the effect that “The responsibilities, monthly and administrative dispositions related to the instant danran business, monthly and management expenses, taxes and public charges are borne by C, and C shall deposit the Defendant’s investment amount of KRW 35 million on March 31, 2016, KRW 5 million on April 30, 2016, KRW 500,000,000,000 on May 30, 2016, and KRW 7.4 million on May 30, 2016, and the Defendant shall cooperate when a certificate of seal impression is required” (hereinafter referred to as “instant agreement”).

3. On the same day, the Defendant attempted to enter into the instant contract with H, but it did not take part in the contract, resulting in a phenomenon to H by the end of the contract period for the Defendant’s lease deposit amounting to KRW 20 million and KRW 20 million out of KRW 90 million and KRW 40 million.

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