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(영문) 인천지방법원 2014.12.24 2013가합13616
투자금반환
Text

1. The Defendants are jointly and severally liable to the Plaintiff for 250,000,000 won, and the Defendants from January 1, 2013 to Defendant B and C.

Reasons

1. Basic facts

A. The Plaintiff is an investor of Defendant B Co., Ltd. (hereinafter “Defendant Company”), and the Defendant Company is a company that engages in the export and import business of fishery products.

B. On February 28, 2012, the Plaintiff entered into an investment contract with the Defendant Company with the purport that the Plaintiff invested KRW 500 million in the Defendant Company, and the Defendant Company paid the Plaintiff a dividend of the said investment amount of KRW 20 million each month to the Plaintiff and returned the said investment amount to December 31, 2012 (hereinafter “instant investment contract”). Defendant C and Defendant D affixed a seal on the lower part of the contract (Evidence 1).

C. The Plaintiff, in accordance with the said investment contract, remitted a total of KRW 250 million to the Defendant Company (or to the customer of the Defendant Company) from February 28, 2012 to March 7, 2012.

[Ground of recognition] Defendant B, Defendant C: the absence of dispute, entry of evidence Nos. 1 and 2, and the purport of the whole pleadings

2. Determination

A. According to the above facts, since the time limit for the return of the investment amount under the investment contract of this case has expired, the defendant company is obligated to refund the amount of KRW 250 million invested by the plaintiff to the plaintiff and pay damages for delay after the agreed time limit for the return, barring special circumstances, and it is reasonable to deem that the defendant C and the defendant D jointly and severally guaranteed the obligation to return the investment amount to the plaintiff of the defendant company. Therefore, the defendant company is jointly and severally liable to pay the above investment

Defendant D’s assertion that it is not a joint guarantor of the instant investment contract in the sense that he participated as a witness at the time of the instant investment contract or that he/she would keep the goods as a manager of several groups. However, according to each of the above evidence and the purport of the entire pleadings, Defendant D stated “joint guarantor” at the bottom of the instant investment contract, and the name of Defendant D next thereto.

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