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(영문) 창원지방법원 2019.08.22 2018가단119356
출자금 반환 청구의 소
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Summary of the plaintiff's assertion

A. On the introduction of D around January 2008, the Plaintiff decided to make an investment with the Defendants in the business of purchasing real estate from Gyeongnam-gun, Hanam-gun, and 17 lots of land (hereinafter “instant real estate business”) for the purpose of developing and selling the factory site as a factory site.

On the other hand, in preparation for the failure of the real estate business of this case, the defendants registered the establishment of the neighboring real estate in F-owned real estate (GG and four lots, G, and four lots).

B. On January 31, 2008, the Plaintiff transferred KRW 130 million, which is the Plaintiff’s charge, to the bank account in the name of Defendant B, among KRW 500 million, the Defendants agreed to invest in the said real estate business.

C. After that, as the instant real estate business could not be successful, the Defendants returned the investment amount of KRW 400 million from F, and provided that the Plaintiff would pay KRW 130 million to the Plaintiff.

2. The judgment of the court below is not sufficient to acknowledge the existence of an investment agreement or an investment return agreement as alleged by the plaintiff, and there is no other evidence to prove otherwise. The plaintiff's assertion is without merit.

Therefore, the plaintiff's claim of this case is dismissed as it is without merit, and it is so decided as per Disposition.

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