logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2018.02.08 2015가단25351
투자금반환
Text

1. The plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Determination as to the plaintiffs' claims

A. (1) The plaintiffs alleged that they were the parties concerned (1) remitted the total of KRW 40 million to the defendant's account on September 18, 2006, and KRW 20 million on October 16, 2006, to the defendant's account as the investment money for the land outside the Haan-gun, Gyeongnam-gun (hereinafter "the land in this case").

In addition, around October 2006, the Plaintiffs paid KRW 30 million in cash to the Defendant as investment money in Changwon-si E and 103 of the first floor (hereinafter “instant shopping district”). The Plaintiffs, as an investment in the land other than the F of the Haan-gun, Gyeongnam-gun (hereinafter “instant G land”), remitted KRW 20 million to the Defendant on November 28, 2007, and paid KRW 10 million in cash, and paid KRW 50 million in cash on December 7, 2007, by remitting KRW 80 million in total.

Then, on April 18, 2008, the Defendant returned to the Plaintiffs the amount of KRW 40 million out of the investment funds for the land of this case, which is the remainder of the investment funds, as well as KRW 40 million of the investment funds of the land of this case, KRW 40 million of the investment funds of the G of this case, and KRW 110 million of the investment funds of the shopping district of this case, as to KRW 30 million of the investment funds of this case, the Defendant prepared a written confirmation (Evidence 2; hereinafter referred to as the “written confirmation”).

In addition, on July 13, 2009, the Defendant demanded the return of the investment amount from the Plaintiffs, sent the amount of KRW 40 million to the Plaintiffs on the pretext of the return of the investment amount. On October 16, 2009, after settling accounts of the investment amount of the instant shopping district, the Defendant paid KRW 16,470,000 to the Plaintiffs.

As a result, the Defendant is obligated to return to the Plaintiffs the remaining amount of KRW 20 million out of the total amount of KRW 40 million.

(2) The defendant's assertion that the above investment amount claimed by the plaintiffs is actually invested in H, not the defendant, and the defendant merely received from the plaintiffs the amount of 40 million won investment in the land of this case and delivered it to H.

Therefore, the plaintiffs are paying the above investment amount against H.

arrow