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(영문) 서울중앙지방법원 2016.12.15 2015가합11699
투자금반환
Text

1. The Defendants, the Defendant (Appointed Party), the appointed parties G, and H jointly share Plaintiff I, J, K, K, L, M, N,O, P, Q, Q, R, S, and Cheongpo.

Reasons

1. Basic facts

A. The Defendant (Appointed Party, hereinafter “Defendant”) established and took office as the representative director around 1993, and thereafter, the Defendant Company B, C, D, and E additionally established the Defendant Company, and the said Company’s representative director concurrently held office (hereinafter “Defendant Company”). From around 1993 to around 2014, the Defendant Company’s overall business was taken charge of the Defendant Company’s business from around 1993 to around 2014.

Although the defendant company has a separate legal personality, the defendant company was operated as a real company by the defendant F, the representative director.

Selection G served as Defendant F’s wife as Defendant B’s auditor.

He was registered as the representative director, director, or auditor of the defendant company, including the fact that he was registered as a director from the time of establishment of the defendant A, and was registered as a shareholder of some of the defendant company, and served as a management director in charge of general management affairs and public relations.

B. As indicated in the attached Table 3, the Plaintiffs invested or lent money in connection with the development projects (hereinafter “A”) such as the Gangwon W district (hereinafter “W”), Gyeongbuk X district (hereinafter “X”), Gangwonwon Y, Jeju hot spring (hereinafter “Z”), Gangwon AAriart (hereinafter “AA”), etc. (hereinafter “instant projects”), as indicated in the attached Table 3, and received a real estate development project agreement or a monetary loan contract in the name of Defendant A, regardless of the area of development projects to be invested, which are subject to investment, from the Defendant, who has overall control over the instant projects at the time of the contract, such as each of the instant investments, etc.

C. According to the contract of each of the instant investments, etc., the Plaintiffs paid investment or loan to Defendant A, and Defendant A completed business with respect to investors within 2-3 years from the date of the payment of the remainder, and the scope of 30% of the pertinent business site or 10% of the size of the investment.

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