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(영문) 서울중앙지방법원 2017.09.22 2017가단5010155
투자금반환 청구의 소
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. The Plaintiffs, C, D, E, F, G, and H (hereinafter collectively referred to as “instant investors”), including the Plaintiff, etc., agreed to make an investment in each of the projects to build a park cemetery in the I Group of North Korea I (hereinafter “instant projects”) at the Defendant’s recommendation, and the Plaintiff remitted the total amount of KRW 700 million from May 3, 2004 to the account in the name of the Defendant from May 7, 2004 to July of the same year.

B. On June 25, 2004, the Defendant, including the conclusion of a sales contract for the instant land for the instant project, entered into a sales contract with J to purchase the purchase price of KRW 639,273 square meters in total amount of KRW 1,025,000,000 for the instant project (hereinafter “instant sales contract”), and paid to J the same day the down payment of KRW 10 million for the same day, and the intermediate payment of KRW 250,000,000 on August 10, 2004, respectively.

In addition, on June 29, 2004, the defendant paid 5 million won as brokerage commission to M who arranged the sales contract of this case, and 50 million won as service payment to N in charge of the service of the project site of this case.

C. On July 13, 2004, the Defendant established a corporation under the name of “O” and assumed office as the representative director in order to conduct the instant business.

On July 21, 2004, the instant investors, including the Plaintiff, entered into an investment agreement with the instant investors and theO respectively (hereinafter “instant investment agreement”), entered into an investment agreement with theO as follows (hereinafter “instant investment agreement”); and the Plaintiff paid KRW 200 million to the Defendant.

Article 2 (Investment Amount and Method) Investment Amount of A (O) to B (Plaintiff) shall be a total of KRW 00 million.

Article 3 [Return on Return, Repayment of Principal, and Distribution of Proceeds] A's total yield shall be 500% of the investment principal and shall be paid for five years each year by 100%.

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