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Reasons
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(영문) 수원지방법원 2020.07.17 2018가단554877
투자금 등 반환청구
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The Defendants shall be jointly and severally,

A. The Plaintiff 44,00,000 won and the interest rate thereon from December 5, 2018 to the day of complete payment.

Reasons

1. Facts of recognition;

A. The parties 1) Defendant C is a person operating a mutual intent company of “F” on the Gangnam-gu Seoul Metropolitan Government E and 4th, and Defendant D is a director of the said company. 2) The Plaintiffs are those who paid the Defendants the amount of money under the pretext of investment or loan.

B. On April 2016, the Defendants (Plaintiff A’s investment contract A) sought to operate a business producing sound sources with respect to local elections in 2018. The Defendants, upon investing KRW 14 million with a business fund, would repay the total amount within 30 days after the end of the local election in 2018 and pay the profits equivalent to 100% of the principal.

B) Accordingly, Plaintiff A entered into an investment contract with the Defendants to make investments in the Defendants’ business with the content of the Defendants’ proposal, and accordingly, paid KRW 14 million in total as of April 29, 2016, KRW 900,000,000 to the Defendant C’s account under the name of its investment, KRW 5 million on April 30, 2016 (Evidence A (Evidence 2) as of May 1, 2016, although the preparation date of the investment contract (Evidence A) with respect to this is set forth as May 1, 2016, in light of the payment date of each of the above investment names, the said contract was made only after the conclusion of the contract, or was made on May 1, 2016 only after the date of the conclusion of the said investment contract.

(2) On April 13, 2017, the Defendants entered into an investment contract with the Defendants on April 13, 2017, and paid KRW 30 million to the Defendant’s account in the name of Defendant C in the name of its investment, on the same day between the Defendants and the Defendants on the same day. (B) On the same day, the Defendants agreed to make an investment contract with the Defendants to invest in the Defendants’ business in accordance with the Defendants’ proposal, and paid KRW 30 million to the Defendant C’s account in the name of its investment.

C. Payment of investment funds by Plaintiff B on July 8, 2016

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