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(영문) 대전지방법원 2015.10.15 2014가단41947
공동투자금
Text

1. The Defendant’s KRW 20,950,000 as well as 5% per annum from November 12, 2014 to October 15, 2015 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On December 21, 2013, the Plaintiff (1.5 million won by account transfer, 1.5 million won in cash, 1.5 million won in cash) was to live together in the room room where the Defendant was living and paid to the Defendant 1/2 of the deposit money (1/2 of the account transfer, 2013).

On May 2014, the Defendant received deposits after leaving the above studio.

B. On December 21, 2013, the Plaintiff and the Defendant agreed to jointly invest in Sejong Special Self-Governing City C building 1221 Dong 1002 and distribute profits and losses one half.

Accordingly, the Plaintiff and the Defendant purchased the said KRW 1002 at KRW 51,700,00 (26,100,000 for sales price, KRW 3,600,000 for Vietnam expansion, KRW 3,600,000 for sales price, and KRW 16,000 for written contract, and KRW 16,000 for written contract, as a result, the Plaintiff bears the burden of KRW 150,000 for purchase cost on December 21, 2013, KRW 350,00 for December 30, 2013, KRW 420,000 for sale price, and KRW 16,600 for January 23, 2014.

C. On September 19, 2014, the Defendant sold the foregoing Nos. 1002 to KRW 38,200,000 (26,100,000 for sales price, KRW 3,600,000 for Vietnam, and KRW 8,500,00 for premium).

[Ground of recognition] Facts without dispute, Gap evidence 1 to 7 and Eul evidence 2, witness D, E's testimony, purport of whole pleadings

2. Determination

A. According to the above facts, the defendant is obligated to pay to the plaintiff the amount of KRW 2.5 million paid by the plaintiff and KRW 2.5 million paid by the plaintiff in relation to the above KRW 1002,00,000,000,000 calculated by deducting KRW 1.3.55 million, which is the sum of KRW 1,845,000,000,000,000,000 won for losses during the course of the trade No. 1,3.5 million and the amount of KRW 2,5555,00,000,000,000,000 won for losses incurred by the plaintiff, as the plaintiff seeks, from November 12, 2014, the day following the delivery of a copy of the complaint of this case, to dispute the existence and scope of the payment obligation by the defendant from November 15, 2015 to October 15, 2015.

B. As to the above, the defendant shall be the plaintiff.

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