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1. Revocation of an investment contract of KRW 280,00,000 between the Defendant and C on November 9, 2012
2. The defendant shall be the plaintiff.
Reasons
1. Basic facts
A. On August 19, 2010, the Plaintiff entered into an investment contract (hereinafter “instant investment contract”) with C, which stipulates that the Plaintiff shall pay KRW 20 million per month as profits from investment, to the Plaintiff (hereinafter “the instant investment contract”) of the waste vinyl oil refining business (E, which was operated as “E” at the beginning, while operating the Plaintiff’s trade name on September 28, 2010, mutual name on September 28, 2010, as “B”; and C shall pay KRW 20 million per month as profits from investment (hereinafter “the instant investment contract”).
B. The Plaintiff paid KRW 20 million with the investment money under the instant investment contract, KRW 15 million on August 20, 2010, KRW 13.6 million on September 13, 2010, KRW 50 million on September 29, 2010, KRW 90 million on November 6, 2010, KRW 500 million on G’s account to C or C’s wife H’s account. The Plaintiff paid KRW 13.6 million on behalf of China, around October 6, 2010 and October 8, 2010, KRW 13.6 million under the instant investment contract, including customs duties, storage, value-added tax, etc. on the relevant plastic machine, and KRW 13.6 million on behalf of China, the Plaintiff paid both of the instant investment capital and KRW 13.6 million under the instant plastic Co., Ltd. and the instant investment contract.
Since 2011, the Plaintiff agreed to be paid investment returns on the 15th of each month between C and C.
C. However, on October 10, 2012, C transferred to I the management right of the waste vinyl oil refining business operated in the Hongcheon Factory, and all rights, etc. related to the real estate and movable property of Hongcheon Factory to KRW 750 million (hereinafter “instant transfer proceeds”). D.
C around March 15, 2012, around March 15, 2012, the Plaintiff borrowed KRW 30,000,000 from the Plaintiff (hereinafter “instant loan”) to repay in installments each share of KRW 5,00,000 from the date of borrowing.
E. On May 6, 2013, the Plaintiff returned the investment amount and paid the unpaid investment return to C under the instant investment contract.