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(영문) 대전지방법원논산지원 2015.10.07 2014가합2372
투자정산금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

The Plaintiff, which had been engaged in real estate brokerage business for about ten years, has maintained a partnership relationship with Nonparty B, such as having divided profits by resale and sale of real estate with Nonparty B, or having invested in the sale of real estate conducted by Nonparty B or receiving profits by lending money.

Nonparty B, by investing KRW 300 million in each of the 300 million units with Defendant Branch Korea Co., Ltd. (hereinafter “Defendant”), planned to purchase KRW 190 of the 300 million unit of the 300 million unit of the 300 million unit of the 195 unit of the 95 unit of the 195 unit of the 195 unit of the 195 unit of the 195 unit of the apartment (the 93 unit of the actual unit of the 19 unit of the

Nonparty B recommended the Plaintiff to make an investment by stating that the Plaintiff may obtain a profit of KRW 10 million per household if it invests KRW 300 million in the instant business, and that the Plaintiff did not make an investment, and directly remitted KRW 300 million to the Defendant’s account on July 16, 2012.

After that time, the Plaintiff requested Nonparty B to provide evidentiary materials on investment, and Nonparty B entered into an investment contract with the Defendant’s representative as “Plaintiff” and “Defendant,” stating that “The amount of KRW 300 million shall be paid within five months, and the amount of settlement of accounts for sales to 55 households of the apartment of this case shall be paid with the amount of settlement of accounts for investment” (Evidence A and a contract entered into pursuant thereto) and issued to the Plaintiff.

The defendant and the non-party B commenced the sale from November 2012, 2012, and the two teams led by the non-party B sold approximately 30 households for three months from the beginning of January 2013, and the settlement of accounts per household was set at KRW 6 million to KRW 7 million.

Since January 2013, Nonparty B deemed that it is difficult for Nonparty B to obtain a large amount of revenue from the instant project, and the remaining households unsold in lots were transferred to Defendant and entered in the instant project.

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