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(영문) 대구지방법원 2017.10.31 2016가단23431

약정금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the purport of the entire pleadings as to Gap evidence Nos. 1 to 11, 2, and No. 1 and 2.

Defendant B, a person who engages in wholesale and retail business, such as cosmetics, with the trade name of Defendant C, recommended the Plaintiff to make an investment in the Chinese cosmetics-related business around July 2015, along with Defendant C, and the Plaintiff paid KRW 75,500,000 in total to the Defendants by means of remitting money to Defendant B’s account or cash payment.

B. In this regard, the Plaintiff and the Defendants drafted an investment contract on August 31, 2015, and its main contents are as shown in Table 1.

(hereinafter “A” refers to Defendant B, “B”, and “A” refers to Defendant C.

After October 28, 2015, the Plaintiff and the Defendants drafted an investment contract again and agreed to invalidate the investment contract prior to the date. The contents of the said investment contract are as shown in Table 2.

D Category D A C Table 1 D Category D Category C Category B Category 2

2. The assertion and judgment

A. The Plaintiff asserted that when entering into an investment contract with the Defendants, the Plaintiff agreed to return the investment amount if not paying more than 1/3 of the investment amount until March 30, 2016, and the agreed proceeds did not accrue until the said date. Therefore, the Defendants asserted that the Plaintiff is liable to return the investment amount of KRW 75,500,000 paid to the Defendants.

B. As seen earlier, in preparing an investment contract on August 31, 2015, the Plaintiff and the Defendants decided to return the investment amount if not less than 1/3 of the investment amount is paid or no profit is paid by March 30, 2016, as alleged by the Plaintiff, but on October 28, 2015, when preparing an investment contract again on October 28, 2015, the said provision of the return agreement is deleted and the said agreement becomes null and void prior to that date. The Plaintiff’s claim for return is based on an invalid investment contract, and thus, cannot be accepted.

2.3.