(영문) 대전지방법원서산지원 2015.06.30 2013가단10880

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(영문) 대전지방법원서산지원 2015.06.30 2013가단10880

투자금반환

Text

1. The Defendant: (a) KRW 30 million to the Plaintiff and the Plaintiff’s annual rate from April 10, 2014 to June 30, 2015.

Reasons

1. Summary of the parties' arguments

A. On April 2004, the Defendant suggested that the Plaintiff and Nonparty C purchase the F, G, H, I, J, K, L, and M real estate owned by Nonparty D or E (hereinafter “instant real estate”) as non-registration, and then dispose of it and make profits therefrom.

Accordingly, the plaintiff, the defendant, and C shall invest each of the costs of KRW 100,000 to KRW 60,000 in the real estate of this case, the defendant shall be responsible for disposing of the real estate of this case, and if the sale is made, three of them shall be divided according to the investment ratio."

Accordingly, on April 16, 2004, the Plaintiff remitted KRW 30 million to the Defendant’s account, and thereafter invested KRW 63 million in total by additionally delivering KRW 33 million to the Defendant in cash over 20,300,000,000. Since then, the instant real estate was sold and purchased, and the Defendant benefiting.

As the plaintiff cannot know the profit earned by the defendant, the defendant must pay at least 63 million won of the principal invested and delay damages to the plaintiff.

B. The gist of the defendant's assertion is that the defendant only agreed to invest KRW 100 million and KRW 200 million in the real estate of this case between C and C, and it did not conclude an investment agreement as alleged by the plaintiff.

The Plaintiff entered into an investment agreement with C, and only remitted the amount of KRW 30 million, which is part of the money to be paid by C to the Defendant, to the Defendant instead of C.

On November 17, 2011, the Defendant paid all of the settlement money related to the instant real estate investment to C, and settled the settlement by deeming C’s investment amount as KRW 200 million at the time.

2. Determination:

A. The Plaintiff asserted that there was an agreement with the Defendant on the investment and settlement of accounts, and sought the return of the investment amount on the ground of such agreement.

A Evidence Nos. 1 through 3, No. 3, and a witness C's testimony.

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