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(영문) 서울중앙지방법원 2018.02.13 2016가단5278794
투자금반환 청구의 소
Text

1. The Defendants jointly and severally liable to the Plaintiff KRW 86,00,000 and Defendant B with respect thereto from April 16, 2017, and Defendant C with respect to the said amount.

Reasons

1. Facts of recognition;

A. On February 6, 2009, the Plaintiff entered into a fund investment contract with Defendant B and the Plaintiff for the purpose of investing funds in waste disposal business and distributing profits therefrom (hereinafter “instant investment contract”). Defendant C affixed a seal on the instant investment contract stating that Defendant B shall be liable for the return of the investment amount in the event the Plaintiff suffered losses from the failure to recover the investment amount under the instant investment contract. The main contents of the instant investment contract are as follows.

- Purpose: A (referring to the Plaintiff) is to operate a waste disposal sales business for B (referring to Defendant B) by investing funds in Company B.

The trade name of the waste business invested by Party A shall be referred to as “D (person in charge of the business of collecting and selling scrap metal emitted from apartment)” and “E (Article 1).” - Party A shall invest a total of KRW 200 million in Party B. The funds invested by Party A may be used only for the purpose agreed upon by both parties, and if not used for the above purpose, Party B shall be punished for embezzlement (Article 2). - Party B shall be punished for embezzlement in the event that Party B’s failure to recover its investment money is damaged due to the intention or negligence of Party B.

) A shall compensate Party A for investments and 10% (Article 6.(b)) per annum.

The Plaintiff remitted the total amount of KRW 180 million to Defendant B according to the instant investment contract.

C. Defendant B did not properly use the Plaintiff’s investment money for the purpose specified in the instant investment contract, and the Plaintiff raised an objection, and Defendant B returned the Plaintiff’s investment money and compensates for damages arising from the instant investment contract.

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