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(영문) 서울중앙지방법원 2018.07.16 2017가합574453
투자금반환 등 청구의 소
Text

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

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

Reasons

1. The Plaintiff asserted that the Plaintiff: (a) decided to operate solar power generation business in the land located in Defendant B Co., Ltd. (hereinafter “Defendant Company”); and (b) paid KRW 350 million to the Defendant Co., Ltd.; (c) Defendant C (the representative director of the Defendant Company) embezzled by discretionary use of investment funds received from the Plaintiff; and (d) the said investment contract with the Defendant Company was lawfully terminated by delivery of a copy of the complaint of May 30, 2017, including the Plaintiff’s expression of intent to terminate the contract, and thus, the Defendant Company returned KRW 350 million to its original state; and (e) Defendant C paid KRW 350 million to the Defendants on the basis of tort liability for damages; and (e) Defendant C is jointly and severally entitled to KRW 350 million,500,000,000 based on tort liability.

2. Determination

A. ① The Defendant Company promoted the solar power generation business to a company established on September 12, 2016 for the construction, management, and operation of solar power generation facilities, and electric power sales business (hereinafter “instant business”); ② at the time of the establishment of the Defendant Company, the Defendant Company invited the Plaintiff to make investments necessary for the instant business; accordingly, on October 28, 2016, the Plaintiff entered into an investment contract with the Defendant Company stating that “the Defendant Company allocates the Plaintiff the new shares of the Defendant Company and invests in the Defendant Company in the form of acquiring them by the Plaintiff (hereinafter “instant investment contract”); the Defendant’s total sum of KRW 350 million investments (hereinafter “the instant investment contract”); and the Defendant’s total sum of KRW 350 million investments ( KRW 20 million on November 3, 2016; KRW 50 million on November 11, 2016; KRW 100 million on March 24, 2017).

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