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(영문) 서울중앙지방법원 2017.09.21 2016가합32730 (1)
투자금반환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The plaintiff is a woman of the deceased C (hereinafter "the deceased"), and the defendant is a company that implements a D development project.

B. On November 17, 2014, the Deceased and the Defendant and the Defendant who made the Plaintiff an investor.

An agreement was made to invest KRW 200,000,000 in the development projects described in the subsection (hereinafter “instant investment agreement”).

The main contents of the investment agreement prepared at the time are as follows:

Articles 1 [Conditions of Investment] (Conditions of Investment ] (1) Investment : 200,000,000 won (2) Investment Implementation Date: 17 November 2014: Investment due Date: 12 months (4) from the date of investment execution: Investment Proceeds: 100,000,000 won / The Plaintiff shall implement an investment by depositing the agreed amount under Article 1(1) above into the next deposit account opened in the Defendant’s name on the date of investment execution under Article 1(2).

Bank Name: Account Number of the Defendant: The Defendant may pay in cash the sum of the investment funds held pursuant to this Agreement and the return on profit at our country, or in the intermediate payment or balance of commercial buildings (F building 101) contracted by the Plaintiff, at the expiration date of the contract.

VI.[Assignability] Parties to this Arrangement may not transfer to a third party rights and obligations under this Arrangement without the prior consent of the other parties.

C. The Deceased died on January 7, 2015.

On February 10, 2015, the deceased’s children G and H reported the waiver of the deceased’s property inheritance by Sungwon District Court Branch 2015Modan225 on February 10, 2015, and the said court accepted it. Accordingly, the wife I inherited the deceased’s property.

[Ground of recognition] Facts without dispute, Gap evidence 1, 3, Eul evidence 1 and 19, the purport of the whole pleadings

2. Summary of the parties' arguments

A. The Plaintiff’s agent entered into the instant investment agreement with the Defendant, and the Plaintiff also stated in the investment agreement prepared at the time as an investor.

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