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Reasons
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(영문) 수원지방법원 안양지원 2018.07.25 2016가단16267
투자금 및 차용금반환
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1. Defendant B’s KRW 92,700,000 as well as 5% per annum from November 24, 2016 to July 25, 2018.

Reasons

1. Determination as to the cause of claim

A. The gist of the assertion was around September 2009, the Plaintiff invested KRW 100,000,000 in the AD Game Development Project (hereinafter “instant project”) in which Defendant B was running, and the said project was not well run, and was not recovered.

Accordingly, on December 24, 2010, the Plaintiff sought the return of the above investment amount to Defendant B, and Defendant B drafted a letter of performance of obligation to pay the Plaintiff the said investment amount of KRW 100,000,000 and interest.

Therefore, the Plaintiff, upon its primary claim, seeks the payment of the quasi-loan amount (contract amount) based on the performance note, against Defendant B, and seek the return of the investment amount from the Defendants as the preliminary claim.

B. When there is no dispute between the parties to the judgment as to the claim against Defendant B, or when adding to the purport of the entire pleadings as to the entries in the evidence Nos. 1 through 6 (including the branch number), the Plaintiff invested KRW 50,000,000 in the instant project, which was in progress by Defendant B at the request of Defendant B, around September 2009, and thereafter paid KRW 50,000 as additional investment, and the Plaintiff demanded Defendant B to return KRW 100,000,000,000, and Defendant B demanded the Plaintiff to pay at least KRW 100,000,000,000 to the Plaintiff from the end of December 24, 2010, Defendant B prepared a written confirmation that he/she would pay at least KRW 100,000,000 and interest KRW 10,000,000 to the Plaintiff (Evidence evidence No. 2).

According to the above facts, Defendant B is obligated to pay to the Plaintiff the quasi-loan amount of KRW 100,000,000 as well as damages for delay, barring any special circumstance.

C. The Plaintiff seeking the return of the investment amount as a preliminary claim against the Defendants, and the Plaintiff against the Defendant B.

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