logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 순천지원 2018.06.14 2017가단7969
투자금반환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Defendant has been promoting a logistics terminal development project (hereinafter “instant project”) at the Japanese Won Won-si level as a stock company with the purpose of civil engineering and building business, etc.

B. On November 30, 2016, the Plaintiff entered into an investment contract with the Defendant (hereinafter “instant investment contract”) with the following terms and conditions, and accordingly paid KRW 200 million to the Defendant.

1. The plaintiff invests KRW 200 million in the project cost to the defendant.

2. The defendant shall sell to the plaintiff land 2,00 square meters at no charge at the time of completion of the construction after the main project was implemented in the first place.

3. The plaintiff and the defendant are registered as joint representatives.

4. The plaintiff, at the same time as the sale in lots, has withdrawn from the joint representative as well as from all the rights of the business.

5. The defendant's liabilities which are the operator of the business are responsible to the president.

However, this does not apply to the plaintiff's liability.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3 (including paper numbers) and the purport of the whole pleadings

2. Determination as to the cause of action

A. After the Plaintiff’s assertion made payment of KRW 200 million to the Defendant, the instant project was not initiated, and the Defendant did not comply with the agreement to register the Plaintiff as a joint representative.

Therefore, the defendant should return the investment amount of KRW 200 million to the plaintiff and pay damages for delay from the day after the duplicate of the complaint is served.

B. First of all, we examine whether the Defendant breached the agreement to register the Plaintiff as a joint representative.

The fact that the investment contract of this case contains the content that the plaintiff is registered as a joint representative as a joint representative is examined above.

However, at the first date for pleading, the Plaintiff stated that “I want to assume office as a joint representative, and the Defendant accepted the appointment only as a director at any time,” and accordingly, I did not register the Plaintiff as a joint representative.

arrow