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(영문) 대구지방법원 김천지원 2017.02.09 2016가단4675
대여금 반환
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 30 million and five million among them, from March 19, 2015, and the remainder.

Reasons

1. On March 19, 2015, the Plaintiff’s basic facts, upon D’s request, shall be five million won at Defendant C’s national bank account, and five million won at Defendant C’s national bank account, and 2015

3. 25. 25. Each remitted 25 million won to the new bank account of D.

(A1-1, 2, and the purport of the entire pleadings). After the date of the pleading, according to the Investment Agreement (A4) made between the Plaintiff and E (the representative D, hereinafter the instant company), the Plaintiff (the Plaintiff) shall invest 30 million won in the instant company as prescribed by this Agreement (Article 1), and the Plaintiff shall pay to the Plaintiff 15 percent (15%) a year from the date following the date of the balance payment of the investment amount in full (2), and the period of the investment shall be two years from the date of the balance payment of the investment amount.

(3) The provisions of section 3 are applicable.

2. Both claims;

A. The Plaintiff: the Defendants and D jointly agreed to conduct a business by creating a camping site and borrowed money from the Plaintiff, and even if they received an investment from the Plaintiff, they were obligated to repay the said money, and on the ground of nonperformance, such as non-performance of the obligation to pay the proceeds under the investment agreement. Thus, the Defendants are obligated to pay the said money to the Plaintiff.

B. The Defendants: The amount the Plaintiff paid to D is a personal debt of D or an investment in the instant company; thus, D or the instant company must claim against D or the instant company.

3. (1) In full view of the circumstances described in subparagraph (2) above, it is reasonable to deem that the Defendants and D jointly engaged in camping business and they invested each of the above money to the said business through D with the authority of the said business entity with respect to attracting funds in the same content as the above investment agreement (in fact, no difference exists with the loan for consumption). Since the instant company established by the said business entity was not paid at all according to the above investment agreement, the said investment agreement is delivered by the Plaintiff’s complaint for this reason.

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