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(영문) 울산지방법원 2017.08.25 2016가단11898
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. On February 9, 2012, the Defendant lent money to D and E with a company operating a marriage-based event (hereinafter “C”) under the name of C, and on February 9, 2012, the Defendant changed C’s name to the Defendant when concluding an agreement with D and E to convert all of the above loans into investments with C.

B. Around that time, the Plaintiff also decided to convert the amount loaned to D and E into investment funds to C. The Plaintiff and the Defendant agreed between the Plaintiff and the Defendant that “if the Plaintiff operates C and repaid the Defendant’s debts of KRW 110 million to the Defendant by the end of March 2013, the Defendant detached from C’s management and management, and the Defendant, upon receiving the above repayment, registered the Plaintiff as a joint business proprietor on June 7, 2012.”

C. According to the above agreement, the Plaintiff paid the Defendant KRW 5 million on June 29, 2012, KRW 3 million on May 5, 2011 of the same year, and KRW 15 million on November 28 of the same month.

Since then, the plaintiff did not pay money to the defendant on December 31, 2012, the defendant sent a text message to the plaintiff "I would receive income from today as a head of Tong." On January 3, 2013, the plaintiff sent 2 million won to the plaintiff on January 3, 2013, and then sent to the plaintiff on January 17, 2013. "It was true that the defendant's oral agreement was made during the period of full payment until March 31, 2013, but it is clear whether the defendant's investment amount was 110 million won or not, and that the defendant could no longer operate the liquidation procedure because the defendant interfered with C's operation."

E. The Plaintiff and the Defendant closed the business on December 31, 2013. After reporting the closure of the business, sold all of the dice equipment and facilities to F for KRW 30 million, and received the proceeds from the sale as the Plaintiff’s passbook and paid part of the proceeds to C’s creditors, and the remaining amount of KRW 800-10 million.

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