beta
(영문) 서울동부지방법원 2017.09.13 2016가단137921

약정금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Claims as to the cause of claim;

A. In around 2006, the Plaintiff requested the Defendant to file an application necessary for the establishment of the Professor C, who is an incorporated foundation, and invested KRW 200 million.

However, the defendant did not use the above money as an incorporated foundation and did not establish the incorporated foundation.

B. Around 2014, the Plaintiff requested the Defendant to return the money deposited, and the Defendant promised to return the said money to the Plaintiff.

C. Therefore, the defendant is obligated to pay to the plaintiff the deposit amount of KRW 200 million and damages for delay.

2. The Plaintiff invested KRW 200 million to the Defendant solely on the basis of each statement of Gap evidence Nos. 2 through 4, and 18 (including virtual numbers)

It is not sufficient to recognize that they have been kept or preserved, and there is no other evidence to recognize it.

In addition, it is not sufficient to recognize that the Defendant agreed to return the above KRW 200 million to the Plaintiff only with the descriptions of the evidence Nos. 1 and 11, and there is no other evidence to acknowledge it.

The plaintiff's assertion is without merit.

3. The plaintiff's claim is dismissed.