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(영문) 창원지방법원마산지원 2019.04.04 2018가단3031
투자금반환
Text

1. Defendant B shall pay to the Plaintiff KRW 43,00,000 and the interest rate of KRW 15% per annum from June 9, 2018 to the date of full payment.

Reasons

1. Plaintiff’s claim against Defendant B

A. With respect to the investment amount of KRW 43,00,000 paid by the Plaintiff to Defendant B around October 2007, seeking return of the investment amount based on the investment agreement or the payment of damages based on tort (as to the Plaintiff’s selective claim, the claim for return of the investment amount shall be accepted).

(b) Judgment by service (Article 208 (3) 3 of the Civil Procedure Act);

2. The Plaintiff’s claim against Defendant C is related to KRW 43,00,000,00,000 paid by the Plaintiff to Defendant B around October 2007, Defendant C, jointly and severally with Defendant B, is liable to pay the Plaintiff the amount of investment based on an investment agreement or damages for tort. However, the evidence submitted by the Plaintiff alone is insufficient to acknowledge the Plaintiff’s assertion, and there is no other evidence to acknowledge it.

Therefore, the plaintiff's claim against the defendant C is without merit.

3. Thus, the plaintiff's claim against the defendant B is justified, and the plaintiff's claim against the defendant C is dismissed as it is without merit.

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