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(영문) 서울동부지방법원 2015.06.02 2014가합12902
투자금반환 등
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 116,00,000 and KRW 100,000 among them, from March 26, 2014 to June 16, 200.

Reasons

1. On March 25, 2013, the Plaintiff indicated the claim (hereinafter “Defendant Company”) invested KRW 100,000,000 as the business capital for the distribution business of drinking water and beverages to Defendant Company (hereinafter “Defendant Company”) and the Plaintiff. ② Defendant Company concluded an investment contract with the Plaintiff on September 30, 2013, under which the Plaintiff paid the Plaintiff the principal of the investment amount and the profit of USD 80,000 on September 30, 2013. Defendant A jointly and severally guaranteed Defendant Company’s obligation under the said investment contract.

The Plaintiff paid 80,000,000 won to the Defendant Company on January 18, 2013, out of the investments stipulated in the said investment contract, and paid 20,000,000 won to the Defendant Company on January 21, 2013.

Therefore, the Defendants jointly and severally filed an application for amendment to the purport of the claim with the Plaintiff from March 26, 2014 to April 14, 2015, the following day after one year from the date of preparation of Gap evidence No. 4 (investment contract) as to the principal of the investment amount of KRW 100,000,000 under the said investment contract, and the Plaintiff filed an application for amendment to the purport of the claim with the Plaintiff from March 26, 2014 to April 14, 2015, “The Defendant jointly and severally filed an application for amendment to the purport of the claim” with the Plaintiff on April 8, 2015, and with the Plaintiff for KRW 10,00,000 from March 26, 2014 to KRW 30,000,000,000, the Defendants filed an application for amendment to the purport of the claim with the lapse of 25% from the following day to April 10, 2013.”

Since then, the Plaintiff submitted the “application for modification of the purport of the claim and the cause of the claim” on April 24, 2015 to the Plaintiff jointly and severally, the Defendant’s KRW 116,00,000 among them and KRW 100,00,000 from March 26, 2014, and KRW 16,00,000 from October 10, 2013 to the delivery date of the duplicate of the application for modification of the purport of the instant claim from October 10, 2013 to the delivery date of the duplicate of the application for modification of the instant claim.

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