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(영문) 부산고등법원(창원) 2014.11.13 2014나591
부당이득금 반환
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

purport.

Reasons

1. Facts of recognition;

A. The Defendant, who was working as a police officer in charge of the developments of the investment, sought the horses that “the market price profit may accrue if he purchases hart stocks” from the Party-Nam, and provided C with the investment of his own funds, while informing the Plaintiff, who was in peace and friendship, of the foregoing investment information. 2) The Plaintiff requested C to “the Plaintiff to participate in the Nado Investment” and “the purchase of hart stocks instead of hart stocks.” On April 18, 201, the Defendant remitted the investment amount of KRW 150 million on April 18, 201.

3) On the other hand, the Plaintiff was requested by the Defendant to lend KRW 10 million to C through the Defendant, and on April 18, 201, the Plaintiff loaned KRW 10 million to C with the Plaintiff on April 20, 2011. (4) On April 20, 2011, the Plaintiff returned KRW 50 million out of the said investment amount to the Plaintiff.

B. Accordingly, on April 20, 201, the Defendant proposed the following agreements on his own as follows, and the Plaintiff and the Defendant drafted the said agreements as stated in the draft agreement.

hereinafter referred to as the "agreement of this case"

(i) A (the plaintiff, hereinafter the same shall apply);

) and B (the defendant, hereinafter the same shall apply).

A shall prepare an investment fund and B shall enter into a contract with them together with investment information, etc. as follows:

- If A prepares costs of KRW 100 million, B shall purchase the 100 million capital stock of the Hart emergency ship with the funds;

-in respect of the return on investment later issued, the principal of KRW 100 million shall be owned by A, and half of the profits, except for incidental expenses such as purchase and sale of shares, shall be divided equally half by Gap and two persons.

-in the event that there is a loss, half of the loss, together, shall be borne by Gap and Eul, respectively.

-A and B shall contain the above contents.

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