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(영문) 서울중앙지방법원 2016.10.05 2016가단5108376
보증금청구
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Under the overall purport of each of the statements and arguments as to Gap evidence Nos. 1, 2, 3, and 5 (including virtual numbers), the plaintiff purchased 33,334 shares of registered ordinary shares of Eul Co., Ltd. (hereinafter "Nonindicted Co., Ltd.") which he/she became aware of as the introduction of the defendants from Eul Co., Ltd. on September 18, 2009, in KRW 100,002,00 and remitted KRW 100 million to the national bank account (F) on the same day.

2. Assertion and determination

A. The plaintiff asserts that the plaintiff is an investment of KRW 100 million in the non-party company upon the defendant's recommendation, and that the defendant is liable for the amount invested by the plaintiff. Thus, the defendants jointly asserted that the plaintiff is liable to pay the remaining KRW 80 million, excluding the amount of KRW 20 million returned by the plaintiff from the amount of KRW 100 million invested by the plaintiff, excluding the amount of KRW 20 million returned by the plaintiff.

As to this, the Defendants asserted that only recommended the Plaintiff to make an investment in the non-party company, but did not hold the Plaintiff liable for the invested money.

B. Whether the Defendants agreed to hold the Plaintiff liable for KRW 100 million invested in the non-party company, namely, whether the Defendants agreed to return the above KRW 100 million to the Plaintiff is insufficient to recognize this only with the descriptions of health account, Gap evidence 6-1 and 2, and there is no other obvious evidence to acknowledge this differently. Thus, the Plaintiff’s claim against the Defendants in this case is without merit.

3. Thus, the plaintiff's claim of this case against the defendants is all dismissed. It is so decided as per Disposition.

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