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(영문) 서울남부지방법원 2017.05.16 2016가단23773
투자금 반환
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The gist of the Plaintiff’s assertion was that the Defendant invested KRW 188,50,000,000 in total to Co., Ltd. in which the Defendant actually operated, and the Defendant agreed to repay the amount of the said investment to the Plaintiff, and thus, the Defendant is obligated to pay the Plaintiff the amount of KRW 80,000,000 as part of the said

2. According to each of the statements in Gap evidence Nos. 3, 10, and 11 (including paper numbers), the plaintiff transferred the total amount of KRW 96.5 million to the account of Eul Co., Ltd. (hereinafter "Nonindicted Co., Ltd.") seven times from June 13, 2005 to June 30 of the same month. On June 10, 2005, the plaintiff remitted the total amount of KRW 20 million to D's account that is the representative director of the non-party Co., Ltd. on June 10, 2005. The plaintiff remitted KRW 70 million to E's account on June 10, 2005, and KRW 2 million to F's account on June 23, 2005, and each of the above money was the actual representative of the non-party Co., Ltd. at the time of transfer.

However, according to the statements in Gap evidence 7 to 9, it is clear that the sum of KRW 116,500,000,000,000,000,000 for remitted money to the non-party company and D is merely the Plaintiff’s delivery of the money received from G to the non-party company, and there is no evidence to prove that the remittance to E and F was made by the defendant’s instruction.

In addition, the evidence submitted by the plaintiff alone is insufficient to recognize that the defendant agreed to repay the plaintiff's investment to the non-party company, and there is no other evidence to acknowledge it. Therefore, the above argument by the

3. As such, the plaintiff's claim is dismissed on the ground that it is reasonable.

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