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(영문) 서울동부지방법원 2015.04.23 2014가합102706
손해배상(기)
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. The facts below the facts of recognition may be found either in dispute between the parties or in full view of Gap evidence 1 to 4, Eul evidence 1 to 6 (including each number), defendant C's results of the examination of part of the principal and the whole purport of arguments.

Defendant B, on May 2007, proposed that he will invest in the studal sculp business from D residing in the Chinese Sculp business, and sought the feasibility of the business from Defendant C who was engaged in the same type of business.

Accordingly, the Defendants, around May 25, 2007, left the country with an annual path and checked the feasibility of business, and decided to convert the type of business into a singing business.

B. Around June 2007, Defendant B told Defendant C that it would be able to pay a large amount of money if it invests in the above singing business at his own house, and Defendant C was able to introduce investors to Defendant B.

C. On July 2007, Defendant C introduced the Plaintiff to Defendant B at the Seocho-gu Seoul Eastdong House, Seoul, and on the same day, Defendant B and the Plaintiff concluded an investment agreement with the effect that half of the profits accrue from the said singinginging business (hereinafter “instant investment agreement”).

In accordance with the instant investment agreement, the Plaintiff directly remitted the amount of KRW 58 million to D using the passbook in the name of Defendant C through the passbook in the name of Defendant C, as set out in the following table 1, and wired the amount of KRW 488 million to Defendant B for the purpose of delivering it to D, and for the same purpose, paid KRW 31 million to Defendant C several times in cash, and invested KRW 129,80 million in total.

The method of lump-sum payment of the amount from the sequence 16, 200,000 won in the name of Tong E on July 16, 2007 to the head of Tong on August 19, 2007, the remittance of KRW 10,000,000 to the name of Tong E on August 23, 2007 to the name of passbook E on August 23, 2007, the remittance of KRW 19,000,000 to the name of Tong under the name of defendant B on September 29, 2007, the remittance of KRW 50,000,000 to the head of Tong under the name of defendant B on October 30, 207.

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