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(영문) 춘천지방법원원주지원 2016.06.16 2015가합5558
기타(금전)
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

Basic Facts

Plaintiff

A’s investment 1) Plaintiff A’s investment contract with Defendant C on August 26, 2014 (hereinafter “instant investment contract”).

In the instant investment contract, the content relating to the instant case is as follows. Article 3 (Investment Money and Payment)

1. The amount of investment shall be KRW 150,000,000 (150,000), and the increase or decrease of the investment cost due to the expansion or change of the project may be adjusted through mutual consultation; and

2. After the conclusion of a contract, it shall be deposited into a passbook in the name of the business operator for investment in the business of manufacturing the block block block in a way that the remaining daily cost (100,000,000), excluding the pre-paid investment cost (50,000,000) per thousand (50,000), after the conclusion of the contract.

Article 4 (Termination and Cancellation of Contracts)

1. The cancellation of a project shall be automatically concluded in such a case as loss of mutual trust, etc.; and

2. Where a contract is terminated or cancelled, the business entity shall return the investment money of the investor;

Provided, That if the failure of the project or the inevitable closure of the project is inevitable, the amount of investment shall not be refunded to the investor by the business operator.

In addition, the expenses incurred in return shall be borne by 50% in consultation with the investor and the business operator.

2) On April 13, 2015, Plaintiff A paid KRW 127,219,100 to Defendant C before and after the conclusion of the instant investment contract. (3) Plaintiff A sent to Defendant C content-certified mail to the effect that the instant investment contract will be terminated.

Plaintiff

B around August 26, 2014, Plaintiff B purchased heavy accusation electric and small machinery equipment equivalent to KRW 29,670,000, either directly or through Defendant D for the purpose of exporting heavy accusation electric and small machinery equipment to the Philippines. The Defendants and the persons designated by the Defendants paid KRW 14,130,000, in terms of cost of shipment and customs clearance to the Philippines.

Plaintiff

B With a view to the same purpose around December 3, 2014, the heavy charge amounting to KRW 26,500,000 is set aside.

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