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(영문) 대전지방법원 2020.08.20 2018가합102441
부당이득반환등청구의 소
Text

The plaintiffs' claims against the defendants are dismissed in entirety.

The costs of lawsuit shall be borne by the plaintiffs.

Reasons

1. Basic facts

A. On October 7, 2009, Plaintiff A, and B, along with H and I, prepared a sales contract with L Co., Ltd. (hereinafter “L”) to purchase KRW 400 million from Defendant E Co., Ltd. (hereinafter “L”). On April 25, 2012, Plaintiff A and B entered into an agreement with M Co., Ltd. (hereinafter “M”) on the following terms: (a) determine the total amount of investment funds invested in M in connection with the instant land construction project as KRW 100 million; and (b) pay KRW 30 million as dividends; and (c) determine the total amount of investment funds and dividends to be invested in M as KRW 30 million as dividends; and (d) determine the sum of the above investment funds and dividends to be purchased at KRW 400 million as KRW 300,000,000,000,000,000,000).

C) On or after April 30, 2012, before May 30, 2012, Plaintiff A orders the above No. O to leave, and M immediately pays KRW 130 million to Plaintiff A as the lease deposit under the above No. O. d., the Plaintiff’s “Agreement (Evidence A4) following the confirmation of the balance of obligations and repayment” is written as follows: (a) the Plaintiff’s recognition of KRW 130 million as the lease deposit under the above No. O. d. 5.

It confirms that a claim with L, F, etc., which is a related party of M and M does not have an objection or defense against a claim with L, F, etc.

B. Plaintiff C1) on February 25, 2008, Plaintiff C invested KRW 200 million in the building project of the Jinjin-gun apartment of Defendant E Co., Ltd. (hereinafter “E”), and agreed on May 30, 2008 to receive a refund of KRW 300 million in total of the above investment principal and profits from Defendant E, and on the same day, Defendant F and G jointly and severally guaranteed the above contract amount obligation of Defendant E. (hereinafter “Defendant E”), Plaintiff C transferred KRW 150 million on February 26, 2008, and KRW 200 million on February 29, 2008 to Defendant E.

[Ground of recognition] Facts without dispute, Gap 1, 3, 4, 7 evidence, purport of the whole pleadings

2. The plaintiff.

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