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(영문) 서울동부지방법원 2018.10.17 2018나22505
투자금반환 등
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. Facts of recognition;

A. Upon soliciting the Defendant to invest in the non-party company on July 26, 2013, the Plaintiff invested KRW 100,000,000 in the non-party company from July 26, 2013 to January 26, 2014, and agreed to receive 50% of the profits earned from the non-party company from the purchase and sale of shares from the non-party company. However, as of three months, the Plaintiff’s principal amount shall be preserved from the principal amount of the non-party company (hereinafter “instant investment agreement”), and the non-party company invested KRW 50,00,000 on July 29, 2013, and KRW 10,000,000 in the aggregate of KRW 50,000,000 on October 25, 2013.

B. On February 18, 2014, Nonparty Company: (a) obtained profits from the sale of the above shares; (b) Nonparty Company, the representative of Nonparty Company, agreed to pay to the Plaintiff 125,00,000 or KRW 175,00,000 or KRW 175,000,000 calculated by deducting the principal amount from the total of KRW 175,000,000,000 by February 18, 2014; and (c) Nonparty Company, the representative of Nonparty Company, at one time, agreed to pay the Plaintiff KRW 175,00,000 or KRW 175,00,000.

C. Then, C requested the Plaintiff to make an additional investment in the course of requesting an extension of the return term, such as the above investment deposit, etc., and on February 26, 2014, the Plaintiff additionally invested KRW 100,000,000 in the non-party company and agreed to return each of the above investments, etc. from the non-party company until April 21, 2016, and additionally invested KRW 10,000,000 in total, including the non-party company, KRW 50,000,000 on February 26, 2014, and KRW 50,000,000 on March 3, 2014.

On the other hand, on February 26, 2014, the defendant prepared a written confirmation that "the plaintiff invested KRW 100 million in the amount of funds at the defendant's recommendation, and the additional amount of KRW 100 million shall also be deposited in accordance with the recommendation, with the representative director C of the non-party company, and will not raise any objection to assume all civil and criminal responsibilities if the promise is made," and issued it to the plaintiff (hereinafter "written confirmation of this case").

(e) thereafter C.

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