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(영문) 수원지방법원안산지원 2017.12.20 2017가단13847
투자금반환
Text

1. The defendant shall pay KRW 50,000,000 to the plaintiff and shall be from the day following the day this judgment was served on the defendant.

Reasons

1. Determination as to the cause of claim

A. The following facts may be acknowledged in light of the overall purport of the pleadings as to the evidence Nos. 1 and 2 of the evidence Nos. 1 and 2, and no counter-proof exists.

(1) On July 23, 2010, the Plaintiff entered into an investment contract with the purport of making an investment of KRW 50 million to the fishing place located in the Incheon Sipo-gun, Incheon, Sipo-gun, Incheon, and paid the Defendant KRW 50 million.

(2) According to the above investment contract, upon the expiration of the investment period, the Defendant decided to return the said investment amount to the Plaintiff, and in order to secure the repayment obligation, a promissory note No. 50,000 won at the face value of the Defendant’s issuance was prepared.

B. According to the above facts, in this case where it is apparent that the above investment period has expired, the defendant is obligated to return 50 million won to the plaintiff as stipulated in the above investment contract, unless there are special circumstances by the special group.

2. Judgment on the defendant's defense

A. On April 15, 2013, the Defendant asserted that the Plaintiff lost its claim since the Plaintiff transferred the claim for the return of the said investment deposit to a third party. Accordingly, the Plaintiff prepared a contract for the transfer of the said claim on April 15, 2013, but the Plaintiff did not notify the Defendant of the transfer, and thus, the claim for the return of the said investment deposit is still asserted as the Plaintiff’s right.

B. In order to take effect of the assignment of claims, not only the conclusion of the assignment of claims but also the fact that the transferor of claims has notified the debtor of the fact that the assignment of claims has been made. Thus, we examine whether the plaintiff has notified the defendant of the fact that the plaintiff has transferred the claim for investment funds. There is no evidence to acknowledge

C. Therefore, even if the Plaintiff prepared an assignment contract with the content that the Plaintiff would transfer the above investment deposit repayment claim to another on April 15, 2013, the Plaintiff is also entitled to the said transfer contract.

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