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(영문) 서울중앙지방법원 2016.05.12 2013가합81816
투자금반환
Text

1. The Defendants shall jointly:

A. As to KRW 100,109,589 and its KRW 100,00,000 among them, Plaintiff A from November 28, 2015.

Reasons

1. Facts of recognition;

A. Defendant D, a director of Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd.”), said, around 2012, Defendant D, a director of the Defendant Co., Ltd. (hereinafter “Defendant Co., Ltd.”) said, “A is a person who voluntarily surrenderss the Plaintiff to KRW 10 billion at the age of 39. He currently is operating the It is very good for funeral services. When participating in the Defendant Co., Ltd., which is the Defendant Co., Ltd., as a shareholder of this Estop, he will be entitled to list the shares above the bank interest rate. The shares will be subsequently listed. A may bring profits from a few times of disclosure. Accordingly, Plaintiff A remitted the investment amount of KRW 100,000 to the account under the name of the Defendant Co., Ltd. on August 30, 2012.

B. Around August 2012, Defendant D stated that, “Around August 2012, Plaintiff B: (a) planned to establish Etharithal Furctic Corporation and to proceed with franchise business; and (b) planned to be employed by the company if the Plaintiff participated as a shareholder; (c) there is no failure in the business once after 30 years. A hotel is placed in the land purchased nationwide; (d) in Seoul, at least 5 kings more than 200,000 won will be opened in Seoul; and (e) the Plaintiff B remitted moneying KRW 30,000 to the account in the name of the Defendant company on September 18, 2012.

C. However, in fact, Defendant D was merely engaged in a lecture related to real estate investment at the E-Research Institute at the time and did not have any experience in operating Lestop, and Defendant D’s own funds did not have any idea to invest in Lestop franchise business, nor was Defendant D’s real estate was likely to have any economic situation, such as the establishment of a collateral security right due to a loan. Therefore, even if Defendant D’s investment was made by the Plaintiffs, there was no intent or ability to ensure the principal of the investment or the high profit by smoothly promoting the said Lestop business.

Defendant D’s aforementioned December 17, 2015.

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