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(영문) 서울중앙지방법원 2015.06.26 2014가합563735
투자금반환청구의 소
Text

1. The Plaintiff:

A. Defendant C Co., Ltd shall pay 142,500,000 won and its amount fully from September 24, 2014.

Reasons

1. Basic facts

A. The Plaintiff entered into a contract to install and operate a vending machine on six occasions from September 23, 2009 to November 14, 2012 (hereinafter “instant contract”) with a network E (hereinafter “the network”) engaging in the sales and consignment management of the coffee machine, with the content that “if the Plaintiff purchases the vending machine from the deceased, the Plaintiff would manage the said vending machine and pay the Plaintiff profits every month” (hereinafter “instant contract”).

On the other hand, the scope of principal to be returned by the deceased under the contract of this case agreed to be the depreciation cost of KRW 500,000 per KRW 10,000,000.

Monthly proceeds of the sales date 1.25,00,000 won on September 23, 2009 750,000 won on November 14, 2012, 2011, 2009 450,000,000 won on March 20, 2010 60,000 won on March 20, 2010 40,000 won on September 1, 2010 1, 40,400,000 won on September 28, 2010 5, 20,000 won on September 20, 200, 600,000 won on June 14, 2012

B. On January 15, 2013, the Deceased established Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd”) and continued such business in the name of the Defendant Co., Ltd.

C. In fact, the deceased sold a self-reader in excess of approximately 1,800, and operated the business with a so-called “fluoring” method, such as paying other investors’ profits from the sales price received as above, even though his/her self-reader was merely about KRW 1,800. From April 2014, the deceased came into a position where it was no longer possible to operate the business, such as where he/she was unable to pay investors’ interest.

From May 2014, the Deceased failed to pay the Plaintiff earnings under the instant contract even from around May 2014.

In such circumstances, the deceased shall be given the same damage.

5.8 suicide. D.

After the death of the deceased, Defendant D, the only inheritor of the deceased, was tried on August 14, 2014 by the Seoul Family Court Decision 2014Ra30455.

【Ground for recognition” has no dispute, and Gap evidence 1 to 6 respectively.

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