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(영문) 대전지방법원 2015.12.02 2015가합2342
투자금반환
Text

1. The Defendants jointly and severally pay to the Plaintiff KRW 300,000,000 and the following amounts:

A. Defendant.

Reasons

Facts of recognition

Defendant D Co., Ltd., Ltd. (hereinafter “Defendant Co., Ltd.”) operated by Defendant D was a person who was to implement a housing complex facility development project (hereinafter “instant development project”) in Dong-gu Daejeon-gu G, Daejeon-gu, and Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd”) actually operated by Defendant C (hereinafter “Defendant Co., Ltd”) is a person who

(2) On October 17, 2013, the Plaintiff entered into an investment agreement (hereinafter “instant investment agreement”) with the Defendant Company to the effect that “the Plaintiff invested KRW 200,000,000 in the instant construction, and the Defendant Company shall pay the Plaintiff KRW 300,000,000, including the investment principal and interest, within four months from the date of completion of the instant construction (hereinafter “instant investment agreement”).

Defendant C jointly and severally guaranteed the investment principal and interest payment obligation of the Plaintiff Company.

In accordance with the instant investment agreement, the Plaintiff paid the Defendant Company totaling KRW 200,000,000 from October 17, 2013 to December 13, 2013.

The instant development project was not commenced until August 14, 2014, and the instant construction was not commenced.

As the Plaintiff did not receive the principal and interest of the investment principal and interest from the Defendant Company due to the failure of the instant development project, on August 14, 2014, Defendant D prepared and delivered to the Plaintiff a loan certificate stating that “the Plaintiff lends KRW 300,000,000 to Defendant D and the Defendant D redeems the borrowed amount until September 4, 2014” (hereinafter “the instant loan certificate”), and Defendant E jointly and severally guaranteed Defendant D’s debt.

On May 1, 2015, the Plaintiff filed a complaint against Defendant C with Daejeon District Prosecutors' Office for fraud.

The construction of this case has not been in progress until now.

[Ground of recognition] The facts without dispute, Gap evidence 1, Eul evidence 1, Eul 1, and 2, the purport of the whole pleadings, the defendant company, and the claim against Eul pursuant to the investment agreement in this case.

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