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(영문) 서울중앙지방법원 2017.11.24 2016가합521513
부당이득금
Text

1. The plaintiff's respective claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Basic Facts

The pertinent Plaintiff of the parties is a person who operates a mutual hospital called “EP” and has entered into an investment contract with Defendant B (hereinafter “Defendant B”) with the main purpose of software development and supply business, etc., and Defendant C is the internal director who is the representative of Defendant B, and Defendant D is the development director of Defendant B (the corporate registration premium is registered as the auditor).

On March 2016, Defendant C, who entered into the instant investment contract, explained to the Plaintiff on the mobile application that Defendant B developed (hereinafter “instant mobile app”) and requested the Plaintiff to make an investment in Defendant B.

On March 28, 2016, the Plaintiff entered into an investment contract with Defendant C and Defendant B on March 28, 2016, stating that “The Plaintiff shall consider the present value of Defendant B as three billion won and acquire shares of ten percent by investing 300 million won.”

(hereinafter “instant investment contract”). On March 29, 2016, the Plaintiff transferred KRW 240 million to the bank account in Defendant B’s name.

On April 7, 2016, the Plaintiff notified Defendant B that the Plaintiff would withdraw its investment intent and demanded the Plaintiff to return KRW 240 million already paid.

[Reasons for Recognition: Evidence Nos. 1 through 3, 6, 7-1, 9, 10, and 10 of Nos. 1, and 10 of Nos. 1, and the purport of the whole pleadings as to the Plaintiff’s claim against Defendant B] The Defendant C expressed to the Plaintiff that the instant mobile app was “new and efficient goods transaction App through SNS multi-story and complex connection search,” and promised to have the Plaintiff engage in the instant transaction. After concluding the instant investment contract with Defendant B, the Plaintiff trusted it and delivered KRW 24 million, which is part of the investment money, to Defendant B.

However, in fact, the instant mobile app to Defendant B is the Plaintiff.

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