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(영문) 수원지방법원안산지원 2020.06.03 2019가단16376
반환금
Text

The plaintiff's claim against the defendants is dismissed in entirety.

Litigation costs shall be borne by the plaintiff.

Reasons

1. The Plaintiff’s assertion that “the Plaintiff invested KRW 40 million to the Defendants on March 2018 at the request of the Defendants’ entertainment room investments. In relation to the foregoing investment, the Defendants promised to return the investment principal within one year, and promised to pay a monthly wage to the Plaintiff. In addition, when the Plaintiff requested the Defendants to return the investment amount around November 2018, the Defendants promised to return the investment amount to the Defendants by November 2018. Accordingly, the Defendants are obliged to return the investment amount to the Plaintiff by November 2018.”

2. As to the Plaintiff’s assertion, the Defendants asserted that the instant investment amount was invested by Defendant C, an operator of the entertainment room, with the introduction of Defendant C, and that the Defendants did not have any obligation to return to the Defendants. (b) In full view of the overall purport of the pleadings, the entire purport of the pleadings is as follows: ① Defendant C recommended the Plaintiff to make an investment in the entertainment room located in Sinsi-si, Sinsi (hereinafter “instant entertainment”) around March 2018; ② The Plaintiff consented, and (2) transferred the sum of KRW 40 million to Defendant C as an investment deposit (hereinafter “instant investment deposit”); ③ Defendant C transferred the sum of KRW 40 million to Defendant C at the request of D, which was operated in the entertainment room; and (3) Defendant C transferred the sum of KRW 40 million in the name of the instant investment deposit, etc. on March 28, 2018.

C. However, the above facts alone are insufficient to recognize that the Defendants promised to return the investment amount of this case to the Plaintiff, and there is no evidence to acknowledge otherwise.

3. In conclusion, the plaintiff's claim against the defendants is dismissed as it is without merit. It is so decided as per Disposition.

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