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(영문) 서울동부지방법원 2013.12.13 2012가단39876
투자금반환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The content C of the Plaintiff’s claim made an investment in the singing room business operated by China, etc., the Defendant and Nonparty D, etc., who invested in C prior to the Plaintiff, actively recommended that they make an investment in the elderly as well as the Plaintiff.

On February 28, 2011, the Plaintiff invested KRW 50 million in C office located in Gwangjin-gu Seoul Special Metropolitan City, and prepared a share investment contract (Evidence A 3). At that time, the Plaintiff requested joint and several sureties because it invested in trust between the Defendant and Nonparty D, and the Defendant and D jointly and severally guaranteed the return of the investment amount.

On March 28, 2011, at C office located in Gangdong-gu Seoul Metropolitan Government F, the Plaintiff invested the instant KRW 43 million and drafted a share investment contract (Evidence A 1). The Defendant provided joint and several surety for the return of the investment deposit.

2. The judgment of March 28, 201 entered the name and resident registration number of the defendant in the share investment contract (Evidence A No. 1) of March 28, 201, and the seal of the defendant is affixed next to the name of the defendant, but there is no evidence to acknowledge the authenticity (which is the same as the defendant's seal of the back of the share investment contract of G (Evidence A 9), but it is clearly different from the writing and the seal of the share investment contract of February 28, 201 (Evidence A 3).)

3. Accordingly, the plaintiff's claim is without merit.

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