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(영문) 부산고등법원 2015.06.11 2013나52530
투자금반환
Text

1. The judgment of the first instance, including the plaintiff's preliminary principal claim expanded at the trial of the first instance.

Reasons

1. Determination as to the main claim

A. The Plaintiff’s assertion 1) The Defendant presented the investment proposal, the partnership agreement, etc. to the Plaintiff at early 2008, and presented the project to develop the National Maritime Park and its ancillary facilities (hereinafter “instant project”).

It proposed investment in the case of Korea.

At the time, the defendant shows the revenue forecast analysis table directly prepared by him, and deceivings that the business in this case would bring about 633,60,000 won in the first year, and then 1,273,200,000 won in the next year. The plaintiff concludes an investment contract with the defendant and concludes an investment contract with the defendant from February 28, 2008 to the same year.

5. Until April, 14, the Defendant paid the sum of USD 378,000 and USD 10,000 to the Defendant during the period between them.

However, since the Defendant paid to the Plaintiff the amount of KRW 200-3 million at the initial stage of the investment, all profits have not been paid. Despite the Plaintiff’s duty to report and inform the Plaintiff of all circumstances, such as the place of use of the investment fund, the occurrence of profits, the current status of profit distribution, etc. according to the said investment contract.

2) In light of the above, the Defendant violated the obligation to distribute the profits under the above investment contract and the obligation to protect investors, and thus, the Plaintiff cancelled the above investment contract and sought refund of KRW 378,000,000 and delayed payment damages for restitution (hereinafter “instant primary claim”).

3) The Plaintiff’s primary and selective acquisition of investment money by deceiving the Plaintiff, and thus, the Plaintiff cancelled the said investment contract and sought the refund of KRW 378,00,000 and the payment of damages for delay.

(4) In the primary and selective manner, the Defendant’s deception by deceiving the Plaintiff constitutes a tort, and thus, the Plaintiff is liable for damages for 378,000,000 won and damages for delay (hereinafter “instant second claim”).

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