logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 전주지방법원 2019.05.10 2018나5044
정산금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

[Claim]

Reasons

1. Basic facts

A. On May 21, 2015, the Plaintiff, the Defendant, C, and D Co., Ltd. (hereinafter “D”) concluded an agreement to participate in the redevelopment of the market in Gwanak-gu Seoul Special Metropolitan City (hereinafter “instant agreement”) (hereinafter “instant project”).

The main content is that the Plaintiff and the Defendant invested KRW 100,00,000 in the instant business, and the Defendant invested KRW 200,000,00 (hereinafter referred to as “the instant investment funds”) and KRW 150,000 in the instant business within six months after obtaining permission for the instant business (hereinafter referred to as “the instant investment funds”), and the Plaintiff and the Defendant, etc. may jointly operate the instant business by mutual agreement between the Plaintiff, the Defendant, C, and D until the completion of the authorization and permission of the instant business.

B. On May 22, 2015, the Plaintiff deposited KRW 100,000,000 in the account under the Defendant’s name (G Bank H; hereinafter “instant account”); and the Defendant deposited KRW 199,000,000 in the instant account on the same day, and then placed the passbook and the check card to C.

C. When the Defendant came to know that C used the instant investment money for a purpose other than the agreed purpose, it suspended the payment of the instant account and received a refund of the passbook and the check card from C on July 20, 2015. At the time, the balance of the instant account was KRW 67,154,221.

On August 15, 2015, the Defendant deposited KRW 56,166 with the account of this case, and withdrawn KRW 67,210,000 from the account of this case on August 18, 2015.

C In collusion with E, a representative director of D, who is a corporation, was indicted for committing a crime of fraud in which the head of the Tong in the instant account and the check card was delivered (Seoul Central District Court Decision 2017Da7525), and the judgment of the appellate court is pending after having been sentenced to imprisonment on September 5, 2018, in collusion with E and by deceiving the defendant in KRW 199,000,000.

Seoul Central District Court.

arrow