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(영문) 창원지방법원 2015.01.28 2014나7913

약정금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

purport.

Reasons

1. The reasoning of the court's explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance, except for the addition of the judgment in the court of first instance as follows. Thus, it is citing this as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The defendant asserts that the amount to be returned by the defendant is limited to KRW 30 million, which is the principal of the investment in this case, because the plaintiff did not incur any loss of investment.

Since the Plaintiff’s claim for an agreed amount under an agreement on the return of investment money is not a claim for the return of investment money itself or for profits under an investment agreement, the Defendant’s claim on the premise that the Plaintiff’s claim is a claim for payment of investment money and profits under an investment agreement is without merit.

3. The judgment of the court of first instance is just and the defendant's appeal is without merit, and it is dismissed as per Disposition.