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(영문) 수원지방법원 2015.03.26 2014가합8861
투자금반환
Text

1. The Plaintiff:

A. Defendant B shall pay KRW 550,000,000 as well as 20% per annum from September 3, 2014 to the date of full payment.

Reasons

1. On October 2006, the Plaintiff: (a) received a recommendation from Defendant B to purchase the forest and E forest in Taecheon City; (b) paid KRW 550,000,000 to Defendant B from October 11, 2006 to January 10, 2007; and (c) agreed to guarantee the payment of principal and interest in the event of damage to the investment amount at the time of Defendant B’s solicitation for investment; (d) Defendant B was obligated to pay KRW 550,000,000 received from the Plaintiff in accordance with the said agreement and delay damages therefrom; and (e) Defendant B is deemed to have led to the confession of the said fact under Article 150 of the Civil Procedure Act.

2. Determination as to the claim against Defendant C

A. The facts of recognition 1) Defendant B purchased the FJ land in Thai City and carried out a land development project, and Defendant C Co., Ltd. (hereinafter “Defendant Company”).

(2) Around October 2006, the Plaintiff was recommended by Defendant B to make an investment in the degree of KRW 500,000,000 from the Defendant B’s account from October 11, 2006 to January 10, 2007, and paid KRW 550,000,00 to Defendant B’s account. Defendant B entered into a sales contract for the said real estate by aggregating the money received from the Plaintiff and the money collected by the Plaintiff, and completed the registration of ownership transfer under the Defendant Company’s name on December 29, 206.

3 With respect to the return of investment profits at the time, Defendant B would receive profits from the Plaintiff at the rate of KRW 500,000,000,000,000,000,000,000,000,000,000 won.

However, if the purchase and sale is not made at the time of the year of investment, the defendant company may pay the investment amount of KRW 500 million and the profits in accordance with the local market price. If the land price falls or is reduced.

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