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(영문) 서울남부지방법원 2018.11.30 2018가단5106
투자금 반환
Text

1. As to the Plaintiff (Appointed Party) KRW 15,35,90, and KRW 19,203,334 and each of the said money to the Appointed B.

Reasons

1. Basic facts

A. The defendant is an executor of the sales business of the building and the sales business of the land-based neighborhood living facilities and officetels in Kimpo-si (hereinafter "the sales business of this case"), and the Switzerland Co., Ltd. is the defendant's sales agent.

B. On October 25, 2016 between the Defendant and the Plaintiff, the Plaintiff purchased 107 commercial buildings on the first floor of the building that the Plaintiff would be newly constructed through the instant sales contract, and the Plaintiff wired the subscription amount of KRW 100 million to the account of the Asian Trust Co., Ltd. (hereinafter “trust company”), and the Defendant, on March 18, 2017, written subscription for sale, which is to pay the principal amount of KRW 30 million in addition to the investment profit of KRW 30 million, and on October 18, 2016, between the Defendant and the Appointor, KRW 101,000 won in the subscription amount shall be paid between the Defendant and the Appointor, but the Defendant written subscription for sale, each of which was to pay KRW 30 million in addition to the principal amount of the investment profit of KRW 50 million.

(hereinafter referred to as “each of the instant agreements”). C.

The Plaintiff and the designated parties remitted each KRW 100 million to the trust company account at the time of preparation of the written subscription for sale, and the Defendant paid each of the KRW 100 million to the Plaintiff on March 31, 2017, and KRW 50 million to the designated parties on May 4, 2017 and May 8, 2017, respectively.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1 and 3 (including numbers), the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion and the designated party heard that they would make an investment of KRW 100 million from the Defendant by adding the investment income to KRW 30 million to the principal after five months, and paid KRW 100 million each, respectively. The principal was returned, but no investment profit was paid. As such, the Defendant is obligated to pay the Plaintiff and the designated party each of the instant agreements and delay damages.

B. The defendant's assertion that there was no investment agreement with the plaintiff, the selected party, and the sales agency will sell the subscription form without the defendant's permission.

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