(영문) 수원지방법원안양지원 2015.11.04 2015가단2049

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(영문) 수원지방법원안양지원 2015.11.04 2015가단2049

대여금 등

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1. Defendant B’s KRW 35,00,000 as well as 20% per annum from April 25, 2015 to September 30, 2015 to the Plaintiff.

Reasons

1. The following facts of basic facts may be admitted either in dispute between the parties or in combination with the purpose of the entire pleadings in each entry in Gap evidence 1 to 4 (including paper numbers):

The Dowon Construction Heavy Co., Ltd. (hereinafter referred to as "non-party company") is a corporation that has its head office in Gwangju Metropolitan City, and runs the aggregate transport business, etc., the defendant B is the non-party company D, and the defendant C is the birth of the defendant B.

B. The Plaintiff wired KRW 10 million to the account under Defendant B’s name on April 30, 2014, and KRW 5 million on June 24, 2014. The Plaintiff wired KRW 20 million to the account under Defendant C’s name on September 4, 2014.

C. On June 24, 2014, Defendant B prepared and issued a cash storage certificate to the Plaintiff to the effect that “Defendant B received KRW 5 million from the Plaintiff on June 24, 2014 as the source capital investment.” ② On September 4, 2014, Defendant B prepared and issued a cash storage certificate to the effect that “Defendant B received KRW 30 million from the Plaintiff as the source capital and the source of investment in aggregate supply projects.”

In addition, on September 4, 2014, the Plaintiff and Defendant B drafted a funding investment contract with respect to the money received as above, and the purport of the contract is as follows:

The Plaintiff (hereinafter referred to as the “Plaintiff A”) and the Defendant B (B) shall enter into a contract related to the grant of investment as follows:

Article 1 (Purpose) The purpose of this Agreement is to invest funds by “A” in order to collect earth and rocks and support sales activities of “B” and to regulate the contents relating to the collection of funds.

Article 2 (Investment Money) The amount invested by “A” in this contract to “B” shall be KRW 30,000,000 in daily gold.

Article 3 (Period of Operation of Investment Funds) The period of Operation of the Investment Funds shall be from September 4, 2014 to September 4, 2015.

Article 4 (Methods of Repayment of Investment Funds)

1. “B” is an investment under Article 3.

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