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(영문) 수원지방법원 2017.09.15 2016나19876
투자금반환
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts Gap (D) will invest funds in purchasing the non-standing stocks of Eul (current Company Name: F. F. F. F. hereinafter “F”) and divide investment returns.

A shall purchase and hold the stocks of the target company at KRW 7,500 per share.

A is the investment key of KRW 100 million to B.

Profit distribution: A shall have the entire profit for not more than three times, including the principal, and where the amount exceeds three times, A and B shall reflect the profit, limited to the excess amount.

If 20 times or more exceeds 20 times, 20 times or more shall have the margin in the excess.

A. D on June 13, 2007, concluded the following investment agreements with the Defendants.

However, the Investment Agreement (Evidence A No. 1) was written only by the defendant B.

(b)F’s stocks are stocks of an emergency;

C. Defendant C is the husband of Defendant B.

On June 14, 2007, D remitted KRW 100 million to Defendant B’s account, and additionally remitted KRW 30,000,000 on March 26, 2009.

E. D Around June 30, 2015, died, and the Plaintiff is a spouse under the law of D (hereinafter “the deceased”).

D Co-inheritors, including the Plaintiff, agreed on the division of inherited property that the Plaintiff unilaterally succeeds to the right to claim the return related to the above investment amount.

F. The details of D’s Samsung Securities Account Transactions from May 19, 200 to October 10, 2013 indicate that D suffered 3,750 shares of F and owned.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. Determination as to the cause of action

A. The Deceased, a cause of the claim, entered into an investment agreement with the Defendants, and delivered KRW 130,000,000,000,000 to the Deceased, so the Defendants were to have delivered F shares of KRW 17,333 (i.e., KRW 130,00,000 ± KRW 7,500) but only F shares of KRW 28,125,00 (=7,500 x 3,750 x 3,750) to the Deceased, and did not deliver shares of KRW 101,875,00 (=130,000,000-28,125,00). Accordingly, the Defendants were to have issued shares of KRW 130,00.

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