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(영문) 수원지방법원안양지원 2015.12.10 2014가합5598
투자금반환
Text

1. Defendant C’s KRW 150,000,000 per annum for the Plaintiff and 5% per annum from October 28, 2014 to December 10, 2015.

Reasons

1. Basic facts

A. Defendant B Co., Ltd (D Co., Ltd. and changed from June 27, 201 to the current trade name; hereinafter “Defendant Co., Ltd.”) is a company engaging in the business of constructing and selling electric housing in Seosan-si E in Seosan-si. Defendant C is a representative director of the Defendant Co., Ltd from April 13, 2007 to January 2, 2010, and is in office as a director of the Defendant Co., Ltd from March 25, 2010 to March 25, 2010.

B. The Plaintiff received a loan from a financial institution and paid the Defendant C’s new bank account totaling KRW 5 million on January 27, 2010 and KRW 15 million on January 28, 2010 as investment funds for the Defendant Company’s real estate development project.

(hereinafter “instant investment”) C.

After that, the Plaintiff agreed to settle the amount of subsequent profits from Defendant C, and received a total of KRW 3 million as a pretext for paying interest on loans raised by the Plaintiff for investment in this case.

On July 9, 2014, Defendant C repeatedly demanded the Plaintiff to pay the principal of the instant investment and the proceeds therefrom, and on July 9, 2014, Defendant C completed the registration of the establishment of a mortgage over KRW 18 million with respect to the amount of 328 square meters and the amount of 803 square meters per annum, which was owned by the Defendant Company, to the Plaintiff.

[Reasons for Recognition] Facts without a partial dispute, entry of Gap evidence 1 to 3, and purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion, first, made an investment of KRW 150 million in Defendant C in the Defendant Company, and subsequently made an oral agreement to receive KRW 300 million in aggregate of the principal and 100% interest after six months. However, as the Plaintiff did not receive KRW 30 million, the Plaintiff’s claim for payment of the principal and the remainder of the principal and the remainder of the profits, and damages for delay.

B. The Plaintiff’s assertion by the Defendants is the Defendant Company, a housing complex development company, and the Defendant Company, each of which invested KRW 150 million, to equally share the investment profits.

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