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(영문) 서울중앙지방법원 2016.02.25 2014가단182344
투자금반환
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

(a) On July 31, 2012, each agreement was concluded 1) the Chairperson of the Dispute Resolution and the Vice-Chairperson of the Dispute Resolution Co., Ltd. (hereinafter “Co., Ltd.”) to the “Defendant” on July 8, 2013; hereinafter “Defendant” in total before and after the mutual change.

(1) On August 21, 2012, Plaintiff A, as the other Party (B), entered into an agreement with the purport that “The Parties jointly make an investment in the projects executed by the Defendant.” The investment amount is KRW 20 million, and the amount of the investment amount is KRW 20,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00

3) On August 7, 2012, Plaintiff B, as “B”, entered into an agreement with the same content as above, which was stipulated on November 7, 2012 as the date of the return of the investment amount. (b) The F was appointed as the Defendant’s internal director on July 11, 2012, and the Defendant’s representative director on November 27, 2012. (c) The F was appointed as the Defendant’s representative director on January 9, 2013; (i) the Plaintiff was paid the principal amount of KRW 40 million received from the Defendant’s operating capital; and (ii) the Plaintiff was to pay KRW 16 million to the Plaintiff by January 18, 2013; and (iii) the Plaintiff was to set up a loan certificate with the content that “the date of payment on the date of payment on the basis of the Plaintiff’s operating capital; (iv) the Plaintiff’s principal and interest amount of KRW 20 million was written to the Plaintiff; and (iii) the Plaintiff did not dispute over the purport as above.

2. The parties' assertion

A. The responsible Plaintiffs under the instant agreement claim that the Defendant is obligated to pay the amount claimed to the Plaintiffs in accordance with the repayment agreement stated in each of the instant loan certificates. The Defendant, each of the loan certificates was concluded solely by F for the F itself or the Plaintiffs’ interests at the time, and the F’s creditors, are well aware of these circumstances.

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