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Reasons
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(영문) 수원지방법원평택지원 2020.10.22 2020가합8489
대여금
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1. The Defendants are jointly and severally liable to the Plaintiffs each of KRW 350,000,000 and the Defendants’ respective of them from June 26, 2019 to March 11, 2020.

Reasons

1. Basic facts

A. 1) Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd”).

(2) On March 8, 2019, E drafted an investment contract with the purport that E invests KRW 350,000,000 in the FF (FG) investment business of the Defendant Company, and on the same day, E transferred KRW 35,000,000 to the deposit account in the name of the Defendant Company in accordance with the said investment contract. (2) On March 13, 2019, the Defendant Company and the Plaintiff B drafted an investment contract with the purport that the Plaintiff (B) invests KRW 350,000,000 in the H (HI) investment business of the Defendant Company (hereinafter referred to as “each of the instant previous investment contract”), and on the same day, the Plaintiff B remitted KRW 35,00,000 to the deposit account in the name of the Defendant Company in accordance with the said investment contract.

3) Of the respective previous investment contracts in this case, the parts related to the instant case are as follows. The investment period under Article 3 (Investment Terms) is at least two to three months. From two to three months, 5% of the amount invested shall be paid to the buyer at the time transfer of ownership is terminated. The remainder of KRW 35 million shall be paid at the time of the contract and the remainder of KRW 315 million shall be paid to E on March 14, 2019, and up to March 25, 2019, the investment contract made between the Plaintiff and the Plaintiff B shall be paid until March 25, 2019, and the ownership transfer registration under the name of the Defendant Company was terminated on March 21, 2019.

5. Meanwhile, on March 25, 2019, Defendant Company remitted each of KRW 17.5 million to the deposit account in the name of E and Plaintiff B, and KRW 70 million to the deposit account in the name of J, the husband of Plaintiff A, respectively. The Defendant Company’s “payment of K Investment Fee” and “payment of E Investment Fee” as “payment of the J fee” and “payment of E Investment Fee” as “payment of the J fee to the L Licensed Real Estate Agent,” transferred the amount of KRW 67,690,00 on March 25, 2019.

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