logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2019.07.25 2018가합35899
투자금 등 반환청구
Text

1. The Plaintiff:

A. Defendant B and C shall be jointly and severally paid KRW 190 million and the amount shall be fully paid from April 12, 2018.

Reasons

1. Basic facts

A. Defendant B agreed to pay a certain amount of profit or interest every month if the Plaintiff invested KRW 190 million in connection with the sales and import business in the name of Defendant C, which he/she had operated in the name of his/her spouse (hereinafter “instant investment agreement”).

With respect to the instant investment deposit agreement, on November 18, 2013, Defendant C transferred to the Plaintiff the amount of KRW 198,000,000 to Defendant C’s F account of Han Bank of Korea (C), Defendant C transferred to the Plaintiff the amount of KRW 30,000 per E-wheeled vehicle (unit price of KRW 6,00,000 per unit). Defendant C prepared a contract for goods supply and sales with the content that the goods will be supplied to the Plaintiff’s delivery place at the Plaintiff’s request.

(hereinafter “instant goods supply contract”). B.

The Plaintiff delivered to Defendant B a total of KRW 190 million to Defendant C’s account from January 2, 2013 to January 2014 (hereinafter “instant investment amount”). Defendant B claimed that the Defendants paid KRW 123,040,000 in total to the Plaintiff or Plaintiff’s wife via Defendant C’s account from January 2014 to May 2018, the sum of KRW 123,040,000 in total over 56 times from January 2014, the Defendants asserted that the sum of KRW 118,940,00 was paid to the Plaintiff or the Plaintiff’s wife, but this is more appropriate as the amount the Plaintiff is the Plaintiff.

A. The payment was made.

C. On October 12, 2017, Defendant D promised to deliver to the Plaintiff a letter of performance guarantee (hereinafter referred to as “instant letter of guarantee”) stating that “Defendant C shall pay to the Plaintiff an investment amount of KRW 190 million from October 12, 2017 to April 12, 2018, when it is not repaid to the Plaintiff by the period from October 12, 2017 to April 12, 2018. In addition, Defendant D shall be responsible for each month interest of the investment amount of KRW 2.8 million to Defendant C, but Defendant D shall be responsible for the interest amount of KRW 2.8 million, and Defendant D shall be liable for the shortage of the interest amount of KRW 2.8 million (only in preference to E’s operating funds).”

Defendant B’s facility cost on February 9, 2017, and the non-paid interest amount, KRW 50 million, the Plaintiff.

arrow