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(영문) 서울북부지방법원 2020.04.23 2019가합26414
투자금반환 청구의 소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff and C, D, and E agreed to invest funds in accordance with the proposal of C around early 2013 to acquire a bus company and manage the bus company and divide profits therefrom. At that time, C agreed to pay the company’s equity interest equivalent to the investment amount and pay the amount of KRW 2 million per month in the form of benefits.

B. In accordance with the foregoing agreement, around May 2013, the Plaintiff paid KRW 372 million to C as investment, and thereafter, upon C’s request, paid KRW 60 million in total over three times from 2016 to 2018.

On the other hand, D also paid 432 billion won, E paid 216 billion won as investment, and E paid 20 million won as investment.

C. On June 2013, C acquired Defendant Company, a bus company, including its investment funds received from Plaintiffs, E, and D, and subsequently took office as the representative director of the Defendant Company on July 22, 2013. The Plaintiff and D were the inside director of the Defendant Company on June 28, 2013, and E was the auditor on July 22, 2013.

around that time, the shares of the Defendant Company were owned by the proportion of 20%, 50%, 20%, and 10%, respectively, of the Plaintiff, C, D, and E.

E. From July 31, 2013 to August 29, 2014, the Plaintiff received 1.160,000 won per month from the Defendant Company, and the KRW 1.95 million per month from September 30, 2014 to March 31, 2016.

[Reasons for Recognition] Uncontentious Facts, Gap evidence Nos. 1 through 4, Eul evidence No. 1, the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The Plaintiff’s assertion made an investment in the Defendant Company with the representative director C, and in the event of investment in the Defendant Company, the Plaintiff promised to receive an amount of KRW 3772 million around May 2013, and invested KRW 60 million in the Defendant Company in total and KRW 432 million from May 2016 to 2018.

However, since the defendant company did not perform its obligations under the above investment contract, the plaintiff is a duplicate of the complaint of this case.

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