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(영문) 서울중앙지방법원 2016.09.07 2016가단36735
투자금반환
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The plaintiff's assertion

A. On January 16, 2006, the Plaintiff delivered KRW 200,000 to the Defendant, and at the time, the Defendant agreed to return the said amount within one week upon the Plaintiff’s request.

B. Therefore, the Defendant is liable to pay the Plaintiff KRW 200,000,000 and damages for delay.

2. Determination

A. Fact 1) The Plaintiff is a stock company C on September 24, 2005 (hereinafter “foreign company”).

(2) On January 16, 2006, the Defendant prepared and delivered a receipt (hereinafter “the receipt of this case”) stating that “The Plaintiff shall make an investment of KRW 400,000,000 in connection with D’s collective housing projects in Dongjak-gu Seoul, where the Plaintiff was promoting, and the Non-Party Company shall pay 50% of its business earnings to the Plaintiff, and the Non-Party Company shall pay 50% of its business earnings to the Plaintiff.” The Defendant signed and sealed the instant joint housing agreement in the capacity of the Chairperson of the Non-Party Company. 2) On January 16, 2006, the Defendant, as the Nonparty Company’s Chairperson, issued a receipt stating that “The amount shall be paid in advance (Won 200,000), the said amount shall be paid in part out of the investment funds of D’s joint housing projects, and shall be returned to the Plaintiff within one week from the time when the Plaintiff requested the return of the intermediate payment by the president of A at the long-term end.”

3) On June 3, 2003, the registration of incorporation was completed, and on December 5, 201, the non-party company was dissolved pursuant to Article 520-2(1) of the Commercial Act. The defendant was registered as a director of the non-party company on August 2, 2006. The non-party company’s representative director or director was not registered at the time when the agreement of the joint business in this case and the receipt in this case was made. (b) The non-party company was the non-party company, and the subject who entered into the joint business agreement with the plaintiff is the non-party company, and the 200,000,000 won was delivered to the receipts in this case as part payment out of the investment funds

‘The Agreement' is specified, and the defendant is the qualification of the chairperson of the non-party company in this case.

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