(영문) 서울북부지방법원 2018.03.30 2017가단17563

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울북부지방법원 2018.03.30 2017가단17563

투자금반환

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. According to the purport of Gap evidence No. 1 and the whole pleadings, the facts that the plaintiff, defendant, C, and D (hereinafter "foreign company") entered into an investment contract with the non-party company on August 23, 2007 by depositing KRW 100,000,000 each of the investment payment to the non-party company until August 31, 2007, and thereby establishing a new company. The shares of the new company shall be allocated to the plaintiff, the non-party company, the non-party company, and the defendant 15% each of them, and the defendant did not establish a new company under the above investment contract (hereinafter "the investment contract of this case").

2. The Plaintiff asserted that the Plaintiff paid KRW 86,00,000 to the Defendant from August 3, 2007 to October 20, 2007 in order to pay the investment amount under the instant investment contract.

Nevertheless, the defendant did not deliver the above money to the non-party company without delivering it to the non-party company, and used it at will to cause damages equivalent to the amount to the plaintiff. The defendant is liable to pay the plaintiff damages amounting to KRW 86,00,000 and damages for delay.

3. The fact that the Plaintiff paid KRW 80,000,000 to the Defendant under the pretext of investment under the instant investment contract is the Defendant.

However, the circumstances acknowledged by the overall purport of the statements and arguments set forth in Gap evidence Nos. 1 and 3, i.e., during the period of the defendant's mother E-ownership, the establishment registration of a mortgage was completed on Jan. 31, 2008 with respect to the non-party company, the debtor of the non-party company, the maximum debt amount of the non-party company at KRW 390,000,000, and the I Bank applied for the auction of the real estate on Feb. 7, 2012, upon the application of the above collateral security, sold the above real estate on Feb. 7, 2012; J, which was the representative director of the non-party company, received approximately KRW 130,000,000 from the I Bank, and 60,000,000,000 won from the loan of the non-party company to the non-party company, and invested in the amount received by the plaintiff.

유사 판례

-서울중앙지방법원 2020.01.31 2018가합500510

-서울중앙지방법원 2020.10.21 2019나71198

-서울남부지방법원 2015.04.30 2014가합105364

-부산지방법원 동부지원 2018.03.07 2017가단4302