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(영문) 서울북부지방법원 2017.01.10 2016나30751
투자금반환 청구의 소
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. The parties' assertion

A. Defendant B continued to have a legal dispute over the Plaintiff’s officetel in Yeongdeungpo-gu Seoul Metropolitan Government (hereinafter “Dtel”), and recommended the Plaintiff to sell Dtel at a good price if the dispute arises between the time, and agreed that the Plaintiff would return the amount of investment along with the statutory interest at the time when one year has passed without resolving the dispute. Defendant C, who was the year of Defendant B at the time, agreed that the Plaintiff would be responsible for the return of the amount of investment if the dispute is erroneous.

Accordingly, the Plaintiff, on April 18, 2012, remitted the amount of KRW 30 million (hereinafter “instant investment”) to the national bank account in the name of Defendant C in order to clarify whether Defendant C is liable for the return of the investment amount.

Since then, disputes over officetels have not been settled well, Defendant C returned 10 million won out of the instant investment amount to the Plaintiff around 2014.

Therefore, Defendant B and its joint and several sureties or joint and several sureties are jointly and severally liable to pay to the Plaintiff the balance of the investment amount of KRW 20 million and interest or delay damages therefrom.

B. Defendant B did not encourage the Plaintiff to make an investment in the Dtel, nor did the Plaintiff conclude an investment contract or arrangement with the Plaintiff.

However, the Plaintiff entered into an agreement with E and Defendant C on investment, and only remitted the instant investment money to Defendant C’s account.

Therefore, Defendant B is not liable to return the instant investment money to the Plaintiff.

C. Defendant C does not have any participation as the party to the agreement on the instant investment deposit agreement or expressed its intent to guarantee. However, upon the request of Defendant C, Defendant C deposited the instant investment deposit with the account in the name of Defendant C, and E or upon the instruction of Defendant B.

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