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(영문) 서울고등법원 2015.03.20 2014나10320
대여금 및 투자금
Text

1. Of the judgment of the court of first instance, the part against the plaintiffs falling under the following order of payment shall be revoked.

Reasons

1. Basic facts

A. On May 4, 2009, the Plaintiffs made a cash investment of KRW 300 million with Defendant D, and Defendant D entered into a stock transfer agreement and transfer 18% of the corporation shares to the Plaintiffs.

On the same day, “A” entered into a business investment agreement with the content, and paid KRW 300 million to Defendant D (hereinafter “the instant investment amount”), and Defendant D prepared a receipt for the said investment amount and issued it to the Plaintiffs. B. On May 21, 2009, Defendant D entered into a business investment agreement with Defendant D to the effect that “20 million won is invested in cash, and Defendant D pays KRW 200 million to Defendant D on the same day, and Defendant D issued a receipt for the said investment amount.”

C. In the case of fraud in 19 December 2014, 2014, Defendant D: (a) practically operated Defendant E Co., Ltd. (hereinafter “Defendant D”) for the purpose of producing waste plastics, etc.; (b) was in the state of suspending the production of waste plastics, since 2006; (c) the patent registration was extinguished on August 29, 200; and (d) was refused to lend money due to lack of technical capabilities; (b) was without any intent or ability to pay the profit through the waste plastics production projects, such as lending; (c) was obtained from Plaintiff C on May 4, 2009 as investment money of KRW 298.6 million; and (d) was obtained from Plaintiff C on May 21, 2009 as investment money of KRW 200 million from Plaintiff C; and (e) was obtained from Plaintiff C on May 21, 2009 as investment money of KRW 300,000; and (e) was obtained from Plaintiff C on May 2131, 200197.201.

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