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(영문) 광주지방법원 2017.11.24 2016가단41178
투자금반환
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. Determination as to the claim against the defendant B

A. The Plaintiff’s assertion 1) received the introduction of Defendant B via Defendant D, and Defendant B recommended that “The Plaintiff would be entitled to twice the investment amount if it makes an investment in the investment company E”. If it is erroneous, it would be responsible for the investment.” 2) The Plaintiff remitted KRW 35,00,000 to the F’s deposit account, his/her father, from May 22, 2015 to June 18, 2015.

3 The plaintiff from May 25, 2015 to the same year from E company.

7. By 17.14,381,00 won received and did not refund the remainder of 20,619,000 won.

4) In light of the fact that Defendant B did not have the Plaintiff make a direct investment in the company of E, and received the Plaintiff’s investment money from the Plaintiff’s her son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son was liable for the Plaintiff’s investment money or agreed to return at least 11,136,164 won (i.e., KRW 35,00,000 - KRW 14,381,00 - 15,335,100 which the Plaintiff received from the E company - The Defendant B had the obligation to return the Plaintiff’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s investment money.5)

Therefore, Defendant B is obligated to pay KRW 11,136,164 to the Plaintiff as compensation for damages arising from the above tort.

6. Since Defendant B received money from the Plaintiff as the source of investment in E company, it is obligated to invest the said investment in the name of the Plaintiff in E company.

However, defendant B is the defendant B.

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