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(영문) 대전지방법원 2013.07.03 2013가단4972
투자금반환
Text

1. The Defendant shall pay to the Plaintiff KRW 60,00,000 as well as 20% per annum from February 13, 2013 to the day of full payment.

Reasons

1. Facts of recognition;

A. In early 2006, the Plaintiff and the Defendant invested 50% of each of the 50% equity shares in the LROM Video Advertising Business in the Daejeon Urban Railroad Corporation in the business of the Daejeon Urban Railroad Corporation, and agreed to jointly operate the above business, but with the operating funds of the above business, the Plaintiff borrowed KRW 12 million from the above business and made an investment on behalf of the Defendant.

B. On February 10, 2006, the Plaintiff borrowed KRW 12 million from the C Saemaul Savings Depository, the president of which was the Defendant’s headquarters, and disbursed KRW 5 million as the above company’s operating fund pursuant to the above business agreement, such as D’s office rent deposit, which was established on April 6, 2006 in accordance with the above business agreement.

C. The promoters of D are the Plaintiff, the Defendant, and the Plaintiff’s wife; 50% of the shares issued at the time of the establishment of the said company, among the shares issued by the said company, is owned by the Plaintiff and the Plaintiff’s wife, and the remainder of 50%, by the Defendant and the Defendant’s wife.

On the other hand, the defendant was registered as a director of the non-party company until March 30, 2012.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1-6, 10, 11, and 13, the purport of the whole pleadings

2. According to the facts of recognition under paragraph (1) of this Article, the Plaintiff has a duty to pay to the Plaintiff the amount invested by the Plaintiff on behalf of the Defendant, as it invested in all of the Defendant’s investment in the business related to L CD video advertising in the Daejeon Urban Railroad Corporation in accordance with a partnership agreement with the Defendant. As such, the Plaintiff is obligated to pay to the Plaintiff the amount invested by the Plaintiff on behalf of the Defendant.

3. In conclusion, the defendant is obligated to pay to the plaintiff 6 million won and damages for delay calculated at the rate of 20% per annum from February 13, 2013 to the day of full payment, as requested by the plaintiff, from February 13, 2013, the day following the delivery of the complaint of this case to the day of full payment. Thus, the plaintiff's claim is reasonable, and it is so decided as per Disposition.

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