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(영문) 서울중앙지방법원 2020.08.14 2019가단39490
투자금반환 청구의 소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The grounds for the claim of this case are as shown in the attached Form, and a summary of the plaintiff's claims is as follows.

The defendant entered into a joint investment agreement with Cmedical Foundation to make an investment of KRW 1 billion and receive shares equivalent to 3/10 of its business rights.

The Defendant entered into a joint investment agreement between the Plaintiff and the Plaintiff to invest KRW 200 million and the Plaintiff to receive shares equivalent to 20/120 of the shares in the business rights that the Defendant received from Cmedical Foundation.

Accordingly, the plaintiff paid KRW 200 million to the defendant.

However, the defendant concluded the joint investment agreement with the plaintiff and did not perform its duty to report the terms of the agreement at all.

As a result, D, which was the representative director of the defendant at the time of the defendant and the defendant, seeks the return of the investment money, because the plaintiff deceivings the plaintiff, acquired by deceptioning KRW 200 million

2. It is insufficient to recognize that the entries of Gap 1 through 6 submitted by the plaintiff alone are sufficient to recognize that the defendant should return the investment money by deceiving KRW 200 million or by failing to perform his/her obligation under a joint investment agreement, and there is no other sufficient evidence to acknowledge the above assertion.

3. The plaintiff's claim is dismissed.

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