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(영문) 전주지방법원군산지원 2015.08.20 2015가합10266
투자금반환
Text

1. Defendant B shall pay to the Plaintiff 790,000,000 won with 20% interest per annum from April 8, 2015 to the date of full payment.

Reasons

1. In full view of each of the statements in Gap evidence 1 to 10 (including paper numbers) and the witness E's testimony, the following facts are recognized:

A. The relationship between the parties is between F and F, who are the children of Defendant D, and the long-term knowledge, and Defendant B is a f's colon, and Defendant B and C is a couple.

B. Defendant B, F, and the representative director E of Defendant B, etc., deceiving the Plaintiff around February 2013, and the fact was not capable of investing KRW 150 million in the G company even though F was unable to invest KRW 350 million in the G company. If the Plaintiff invested KRW 350 million in the G company, F would induce the Plaintiff as if it would invest KRW 150 million in the G company, and it was paid KRW 350 million from the Plaintiff on February 19, 2013.

After that, the Plaintiff was returned only KRW 65 million among the above money.

C. The Plaintiff’s investment or loan 1) Defendant B paid the Plaintiff the monthly dividends of KRW 4.5 million to the Plaintiff for two years, and repaid the investment principal. In the event that the payment of dividends is delayed for at least 30 days, Defendant B would lose the benefit of time and redeem the total amount of the investment amount. Defendant B received an investment amount of KRW 150 million from the Plaintiff on April 15, 2013, and KRW 150 million on May 7, 2013, and did not implement an agreement to distribute dividends thereafter. (2) After which Defendant B paid the Plaintiff the monthly dividends of KRW 7.5 million to the Plaintiff for three years, Defendant B would repay the investment principal after paying the dividends of KRW 7.5 million to the Plaintiff, on condition that the payment of dividends would lose the benefit of time and redeem the entire amount of the investment, and did not perform an agreement to distribute dividends of KRW 200 million on July 31, 2013.

3. After that, Defendant B borrowed a total of KRW 150 million from the Plaintiff on August 31, 2013, KRW 20 million on September 2, 2013, KRW 50 million on October 29, 2013, KRW 150 million on November 19, 2013, and KRW 150 million on May 17, 2014, and repaid KRW 65 million on July 17, 2014, but failed to repay it.

Defendant C, D.

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