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(영문) 서울고등법원 2019.08.22 2019나2003767

약정금

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1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasons for the acceptance of the judgment of the court of first instance are as follows: (a) it is insufficient to recognize the fact that Defendant E prepared the stock sales contract of this case in the sense that, even if all the Plaintiff’s various circumstances, evidence, and witness K’s testimony were presented by the Plaintiff, it is insufficient to acknowledge the fact that Defendant E agreed to return each of the plaintiffs’ respective investments to the Plaintiffs; (b) there is no other evidence to acknowledge it; (c) rather, in full view of the purport of the entire pleadings, the sales contract of this case can only be acknowledged that the sales contract of this case was prepared in the sense that, considering the amount of individual investment of the Plaintiffs, the Plaintiff evaluated the shares of G held by the Plaintiffs as money and the agreement to pay the purchase price to the Plaintiffs within a given period, and thus, the prior Plaintiffs’ assertion on a different premise is identical to the reasons for the judgment of the court of first instance, except where the judgment was added to “No. 8, 9, and No. 13 to the above witness’s testimony.”

3. In conclusion, the judgment of the first instance is legitimate, and the plaintiffs' appeal is dismissed in entirety.