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(영문) 부산지방법원 2017.11.08 2016가합51562
보관금 반환등
Text

1. The Defendants jointly and severally liable to the Plaintiff KRW 1,180,000,00 and Defendant B Co., Ltd. from December 22, 2016.

Reasons

1. Basic facts

A. Defendant B Co., Ltd. (hereinafter “B”) is a corporation established for the purpose of education consulting business on July 29, 2008; Defendant C is a person involved in the establishment of Defendant B; the Plaintiff is a person who invested in the establishment fund in Defendant B; and Defendant D is a person who was the representative director of Defendant B.

B. The Plaintiff, on October 31, 2008, remitted KRW 40 million to the account under Defendant D’s name, KRW 10 million on November 12, 2008, and KRW 50 million on November 26, 2008 to the account under Defendant C’s E, and KRW 30 million on March 17, 2009, respectively.

C. On February 22, 2010, the Plaintiff had Defendant C keep KRW 1.1 billion in custody and received a certificate of custody, and the Defendant C deposited the above KRW 1.1 billion in the Defendant B’s account on the same day.

On March 2, 2010, Defendant D, the representative director of Defendant B, prepared a confirmation of the following facts (hereinafter “instant confirmation”) with respect to the Plaintiff’s KRW 80 million out of KRW 130 million and the total of KRW 1180 million out of KRW 130 million, which the Plaintiff remitted to Defendant D and E’s account, and Defendant C guaranteed obligations under the instant confirmation.

Of the total net assets of the closed-end net assets, KRW 1,180,000,000,000,000,000,000,000 shall be paid to you for personal funds of your own, which shall be kept in cash (cash) for the management of the company by Defendant B’s representative director D, or for Ha’s request or announcement, at any time, by promising you or Hair families to pay for cash or its equivalent assets.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1, 3 through 7 (including branch numbers), the purport of the whole pleadings

2. The plaintiff's assertion

A. Defendant B and Defendant D agreed to pay KRW 1,180,000 to the Plaintiff in the instant confirmation document. Defendant C guaranteed the said Defendants’ obligations to the Plaintiff. On May 31, 2013, the Plaintiff claimed the return of the said money to the Defendants.

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