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(영문) 수원지방법원 2018.02.01 2017가단511286
투자금반환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The parties' assertion

A. On January 2014, the Plaintiff was recommended to make an investment by purchasing land sold in Pyeongtaek-si C from the Defendant around 2014 and obtaining profits therefrom.

In accordance with the Defendant’s proposal, the Plaintiff finally purchased the land in the development area of the Korea Land and Housing Corporation (U.S. D district, Pyeongtaek E district, and Kimpo district), which the Defendant informed from B to B from B, 2014 to B, three times, and sold the land to a third party after several months. While taking the lead in the process of selling the land, the Defendant received, on behalf of the Plaintiff, the purchase price plus the premium called “Fe”.

From November 2015 to February 2016, the Plaintiff paid to the Defendant an investment amounting to KRW 150 million, including the amount of KRW 130 million, which the Plaintiff had originally owned in cash, and the amount of KRW 20 million,00,000,000,000,000,000,000, which was originally owned by the Plaintiff.

In spring around 2016, the Defendant requested the Plaintiff to additionally pay KRW 300,000 to the investment amount of land located in Pyeongtaek C district and notified the Plaintiff that the Plaintiff would not be able to invest in Pyeongtaek C district and demanded the return of KRW 150,000,000 paid as the investment amount.

Accordingly, the Plaintiff was directly paid the purchase price of the land in the Kimpo District.

Recognizing that the Defendant received an investment worth of KRW 150 million from the Plaintiff and agreed to return it to the Plaintiff, the Defendant returned only KRW 50 million on July 5, 2016.

Therefore, the defendant is obligated to pay to the plaintiff 10 million won of investment and damages for delay.

B. The Plaintiff received all the purchase price of the land including the Defendant’s Pe (fe) from the Plaintiff’s account. The Plaintiff was only a transaction between the parties to the transaction in relation to the land transaction, and there was no money acquired by the Defendant.

The money deposited by the Defendant to the Plaintiff is in total of 58 million won, which is from the Plaintiff.

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