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(영문) 서울고등법원 2015.12.08 2015나2017256
투자금반환청구
Text

1. The plaintiff's appeal and the conjunctive claim added by this court are all dismissed.

2. After filing an appeal.

Reasons

1. Basic facts

A. On April 8, 2008, the Plaintiff and B Co., Ltd. (hereinafter “B”) entered into an investment contract with respect to the purchase of D commercial land and building construction project (hereinafter “instant building construction project”) with the following contents:

(hereinafter “instant investment contract”). At the time of entering into the instant investment contract, the Defendant was a joint representative director B with Han Jae-ju at the time of entering into the instant investment contract, and resigned on January 26, 2010.

Article 1 (Investment Obligations of the Plaintiff) The Plaintiff shall invest KRW 300,000,00 in B on the following terms:

① The Plaintiff shall deposit KRW 300,000,000 as the down payment on April 8, 2008.

② The Plaintiff shall additionally deposit the intermediate payment at the beginning of October 2008.

(Specific Amount of money shall be determined through consultation between the Plaintiff and B). (1) Article 2 (B) Section B shall preferentially register the sale of commercial buildings newly constructed by B at the time when the Plaintiff completes its investment obligation under paragraphs (1) and (2) of Article 1.

(2) The sale price shall be supplied at a discount than the ordinary sale price on the basis of the completion date.

The sale price at discount shall be determined by the agreement between the plaintiff and B after completion.

B. The Plaintiff paid at least KRW 250 million to the Defendant on April 10, 2008, out of the investment contract deposit stipulated in the said investment contract, and the Defendant deposited the said amount received from the Plaintiff on the same day into the account under B’s name.

C. On January 18, 2010, B prepared and issued to the Plaintiff an investment confirmation letter stating “for the purpose of verifying the amount invested in a commercial building: for verifying the amount of investment in a commercial building; for our investment recognition amount of KRW 250 million.”

After June 2012, B continued to undertake the instant building construction project, completed the construction of the building of the fourth and fourth underground floors in Asan Ri F, and completed the registration of initial ownership on June 27, 2012 in the name of the said company.

E. Meanwhile, in the instant case, the Plaintiff claims restitution following the cancellation of the instant investment contract and claims for the payment of the agreed amount under the agreement to return the investment amount.

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