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(영문) 서울남부지방법원 2018.07.26 2016가합2513
투자금 및 차용금 반환
Text

1. All claims filed by the plaintiff (appointed party) and the selector are dismissed.

2. The costs of lawsuit are assessed against the plaintiff (appointed party) and the plaintiff.

Reasons

1. Determination as to the cause of claim

A. The plaintiffs asserted 1) paid to the defendant money equivalent to 1,650,770,000 won out of 1,580,770,000 won out of 1,650,770,000 won of 1,580,000 won out of 1,650,770,000 won of 1,580,770,000 won of 1,50,000 won of 1,650,770,000 won of her own money and 2,51,00,000 won of her husband's account. 2.) The defendant paid to the defendant 1,650,070,000 won of her husband's account without paying to the plaintiff 1,650,000,000 won of her own money.

3) The defendant is obligated to pay to the plaintiff C the minimum agreed amount of KRW 326,30,000,000 (amounting to 130% of the agreed amount), which is the minimum amount of KRW 251,00,000,000 (amounting to 130% of the invested amount), but the defendant does not pay the remaining amount of KRW 43,80,000. The defendant is obligated to pay the amount that is not paid to the plaintiffs according to the investment agreement. The defendant takes the money by deceiving the plaintiffs. Since the plaintiffs suffered damage equivalent to the amount that is not paid by the defendant due to the defendant's illegal act, the defendant is obligated to compensate for it.

B. Determination as to the claim for agreed amount 1) Plaintiff A’s judgment as to Plaintiff A’s claim is based on the following: (a) evidence Nos. 1 through 3, 6 through 10; (b) evidence Nos. 1 and 2 of this Court; and (c) evidence Nos. 1 and 2 of this Court’s new bank, and community credit cooperatives (the result of response to each order to submit financial transaction information to the former head office); and (d) Plaintiff A and the Defendant, in light of the whole purport of oral argument, paid the amount to the Defendant on the ground that the Defendant would pay the

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