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(영문) 서울고등법원 2017.05.30 2016나2071783
투자금반환
Text

1. All appeals by the defendant against the plaintiffs are dismissed.

2. The costs of appeal shall be borne by the Defendant.

purport, purport, and.

Reasons

1. The reasoning for this part of the judgment of the court of first instance is the same as that of “1. Basic Facts” in the judgment of the court of first instance. Thus, this part is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Determination as to the claim for any balance arising from the settlement statement for re-investment in this case

A. In addition to the above facts, according to the evidence evidence Nos. 5 and 6, the defendant stated that all investments under the first investment contract have been recovered in the embezzlement case based on the plaintiffs' complaint. The defendant delivered a settlement statement of re-investment in this case to the plaintiffs, and it is reasonable to conclude that the defendant, by recognizing the investment funds of the plaintiff A under the first investment contract as 6,524,272, and the investment funds of the plaintiff B as 3,69,482, and that the amount to be returned to the plaintiff, except for the part re-investment made under the second investment contract, should be returned to the plaintiff A as 524,272, and 69,482.

[Defendant asserted that the amount invested by Plaintiff A under the investment contract is 649,920 dollars and 19,895 USD 19,895 is F’s investment. At the Plaintiff’s request, Plaintiff A merely stated 849,815 USD F’s investment portion, including F’s investment portion, as Plaintiff A’s investment portion was fully re-invested under the investment contract, and Plaintiff A’s investment amount was not obligated to pay the balance in the instant re-investment statement to Plaintiff A, but it is not sufficient to acknowledge the above assertion merely by the entry in the evidence No. 6, but rather according to Plaintiff’s testimony in the evidence No. 4 and the witness in the first instance trial, according to the statement in the evidence No. 4 and the witness in the first instance trial, it can be acknowledged that the Defendant’s investment was divided into the Plaintiff or the Defendant under the direction, and thus, Plaintiff A’s rights and obligations, including the part deposited through F. F.’s investment amount, are entered as Plaintiff A or the Defendant.

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