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(영문) 의정부지방법원고양지원 2015.07.16 2014가단430
부당이득금반환
Text

1. The Defendant’s KRW 41,66,66 as well as the Plaintiff’s KRW 5% per annum from January 18, 2014 to July 16, 2015, and the following.

Reasons

Basic Facts

The Plaintiff, along with the Defendant, and C, invested KRW 450,000,000, respectively, in relation to the park cemetery development project promoted by Gyeong, a foundation foundation D, the Gyeong-gun E, the Gyeong-gun, and the Defendant, and KRW 450,000,000, respectively.

As H development project does not proceed as scheduled, the Plaintiff agreed to resign from the position of director of the said Incorporated Foundation by November 14, 2007 between the Defendant, C, and I on November 12, 2007; and by January 31, 2008 to the Defendant, C, as well as by G, F, Defendant, and C.

I, on January 18, 2008, extended the period of repayment to the defendant and C until March 28, 2008, and prepared and issued a letter of performance to resign to the president of the Foundation and the director in the event of failure to comply with it.

I, J, and K have agreed on March 21, 2008 to invest KRW 830,000,000 in each of the above foundations and KRW 800,000,000 in each of the above foundations, and to succeed to the former directors such as Defendant and C.

Accordingly, around March 28, 2008, J, K, and I returned a total of KRW 800,000,000,000 of the investment amount to the Plaintiff, Defendant, and C by March 31, 2008, and the J did not yet have been provided for KRW 300,000,000 that the J decided to make an investment by the Plaintiff, Defendant, and C. Accordingly, the J set up a maximum amount of KRW 150,00,000 against the Defendant, and KRW 150,000,000 against C as a total of KRW 100,000,000,000 for the Defendant, and to secure the payment by July 31, 2008, the J agreed to set up a maximum amount of claims against the Defendant, Defendant, and Defendant 544,00,000,000 for 10,000,000 won as a collateral (hereinafter “instant land”).

In addition, the J issued a promissory note in the name of his father L on July 31, 2008 on the same day and delivered to the Defendant at the face value of KRW 300 million.

On the other hand, G, F, Defendant, and C prepared and delivered a letter of resignation of a foundation director to I.

On March 31, 2008, J paid the Plaintiff KRW 200,000,000 to the Defendant and C respectively. K paid KRW 300,000 to the Defendant and C.

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