(영문) 서울고등법원 2015.05.14 2014나8532 | 리걸엔진

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(영문) 서울고등법원 2015.05.14 2014나8532

투자약정금및대여금

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1. The plaintiff's appeal against the defendant C and the incidental appeal by the defendant C are based, and this court against the defendant C.

Reasons

1. In the first instance court, the Plaintiff filed an appeal against the Defendants regarding the return of investment funds, the claim for the payment of investment funds, and the claim for the payment of loan funds against Defendant C. Some of the claims for the return of investment funds and the claim for the payment of investment proceeds against the Defendants, and the Plaintiff’s claim for the return of investment funds and the claim for the payment of investment proceeds against Defendant B. The Plaintiff filed an incidental appeal against the Plaintiff in the first instance judgment against the Defendants only against the Plaintiff’s loss regarding the return of investment funds and the claim for the payment of investment proceeds. The Defendant C filed an incidental appeal against the Plaintiff’s loss against the Defendants regarding the return of investment funds and the claim for the payment of investment proceeds. Accordingly, the subject of the judgment by this court is limited

2. Evidence 【Evidence】 1-1, 2, 3, 6, 7, 8, A 11-1, 20, and the purport of the whole pleadings

A. Defendant C is a person who has operated a waste vinyling business in a factory located in Suwon Hongcheon-gun D (hereinafter referred to as “redicheon-gun factory”), Defendant B is the father of Defendant C, and I is the head of the Plaintiff.

B. On August 19, 2010, the Plaintiff and Defendant C entered into an investment contract with Defendant C on the following terms: (i) the investment period of the Plaintiff shall be five years to invest KRW 100 million in the waste vinyl glass business operated by Defendant C; and (ii) the Defendant C shall pay the return on investment to the Plaintiff (hereinafter referred to as “red red factory investment contract”).

- - Waste vinyl oil refining business means a business of waste vinyl oil refining system YL-18 (4 tons) operated in Defendant C’s red-dried plants, and a business operated by Defendant C by expanding the facilities to YL-20-type raw materials (6 tons) with Plaintiff’s financial investment;

(2) LOBE ACT. - The plaintiff shall make an investment of KRW 100 million in cash.

유사 판례

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