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Reasons
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(영문) 서울고등법원 2016.09.01 2015나2021859
투자금 등 반환 청구의 소
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1.The judgment of the first instance shall be modified as follows:

The defendant is 67980,000 won and 66 million won among the plaintiff A.

Reasons

1. Facts of recognition;

A. The plaintiffs, the defendant, D, and E talked that they would be a restaurant with a high school building around June 2007, and the plaintiff A will be the same year.

7. Around 18.18.0 million won, Plaintiff B around 19.0 million won and around 5 million won for the same month, D around that time, D around 20 million won, E 40 million won, and the Defendant contributed a total of KRW 200 million by making a contribution of KRW 95 million to each investment, and the Defendant prepared a total of KRW 200 million for the above money from the first floor of the building on the land of the Hansan-gu Incheon Metropolitan City, Seoyang-gu, as the above money.

B) At the time of 1: (a) At the time of registration of business under the name of D; (b) the Defendant was in charge of financing management and overall operation of D; (c) the Plaintiffs, the Defendant, and the Defendant, and the E, to distribute the remainder after deducting the expenses and the benefits of the Defendant and D from the profits. The Defendant, on June 12, 2008, paid the Plaintiff KRW 60,000 to the Plaintiff, and on January 20, 209, paid KRW 1.355,00 won to the Plaintiff, KRW 375,00 won to the Plaintiff, KRW 1425,00 won to E, and KRW 70,00 won to the Defendant, and KRW 300,000 from June 2008 to August 2009 to KRW 300,000 to the Defendant and E, and KRW 1,500,0000 to the Defendant and the Defendant’s 1 and the Defendant 1080,000.

, for the same year

6. From 23. to October 22, 2009, 400,000 won of interest was received every month.

E. After the operation of No. 1, the plaintiffs and the defendant agreed to hold two points, and then the plaintiff A converted the amount of KRW 30 million invested as a loan around September 2009 into the investment amount. The plaintiff B, the amount of KRW 50 million, the amount of KRW 40 million, and the defendant additionally invested KRW 80 million.

On September 2009, the defendant around 105, an officetel located in Ilyang-gu, Ilyang-si H with the above money.

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