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(영문) 서울중앙지방법원 2018.05.15 2016가단5002690
약정금
Text

1. The Defendants jointly share KRW 109,240,00 with respect to the Plaintiff, and 5% per annum from July 1, 2012 to January 5, 2018.

Reasons

1. In fact, even if the Defendants were to have a de facto marital relationship, they did not have the intent or ability to pay investment profits by establishing a legal entity of KRW 300 million in capital, which is engaged in golf-type import business, even though they received investments from the Plaintiff, they did not have the intent or ability to reduce their shares. However, golf-type business projects promoted by the Defendants were conducted by the Defendants at least six months prior to the completion of market research, and there are many persons who intend to make an investment by securing the entire markets, and even if they suffered losses due to the financial capacity of the Defendants, they would make up the total amount of their investments, thereby inducing the Plaintiff’s interest. In the frequency of the E-Y No. 4 in Seocho-gu Seoul, Seocho-gu, Seoul, the principal amount of the investment in the U.S., while making an investment in the golf-type import business of KRW 150 million,000,000,000,000 won in capital, and then 300,000,00 won shall be guaranteed the Plaintiff.

On August 10, 2010, Defendant B calls the Plaintiff, and re-sumed to the effect that “Neas investing a part ofp’s investment capital, including KRW 50 million, which is part ofp’s investment capital, she first puts up KRW 200 million, and thus, she makes an investment.”

On August 11, 2010, the Plaintiff transferred total of KRW 145 million, including KRW 65 million on August 12, 2010, KRW 35 million on the 12th day of the same month, and KRW 45 million on the 27th day of the same month to the new bank account in the Defendant B’s name.

The Defendants were indicted as charged of such fraud and were sentenced to imprisonment with prison labor for not more than 10 months in the first instance trial.

[Reasons for Recognition] Gap's evidence Nos. 1-16 (where there are numbers in documentary evidence, such indications are omitted; hereinafter the same shall apply), the purport of the whole pleadings

2. According to the above facts of recognition, the Defendants jointly do so.

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