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(영문) 수원고등법원 2020.04.09 2019나15027

투자금 반환 청구

Text

1. The plaintiff's appeal is all dismissed.

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

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

Reasons

1. The reasoning of the judgment of the court of first instance citing this case is as follows, and this case is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act, on the ground that the court of first instance citing this case is identical to the ground of the judgment of the court of first instance excluding

2. The 7th side of the judgment of the court of first instance to the 9th through 20th side of the judgment of the court of first instance shall be applied to the cutting, addition, or deletion as follows:

“The amount deposited into the Plaintiff’s account in relation to the instant business is KRW 1,393,034,50 in total, and the amount disbursed from the Plaintiff’s account in the Plaintiff’s name is KRW 1,695,901,243 in total. The amount invested in the instant business is KRW 302,866,743 in total, plus KRW 23,90,000,000 that was invested separately from the said account transaction. The Defendants completely excluded the Plaintiff from the instant business after May 22, 2013 that was withdrawn from the said business relationship. Accordingly, the Plaintiff filed a claim against the Defendants for dissolution of an association due to inevitable reasons resulting from the said exclusion, and sought for the refund of the said KRW 326,766,743 in which the Plaintiff invested in the instant business, and damages for delay, as set forth in the judgment of the first instance through 7th sentence.”

“If, even if not, the Plaintiff did not have invested money in the instant business.

“The payment of the amount of KRW 30 million and interest KRW 20 million out of the investment principal was returned to the Plaintiff on May 1, 201, 201, following the 9th instance judgment of the first instance. According to the Plaintiff’s assertion, the amount of KRW 30 million and interest KRW 20 million was returned to the Plaintiff.

In addition, the following is added. The Agreement dated May 22, 2013, which was concluded on May 22, 2013, constitutes a axis with respect to the instant business, and the Plaintiff forms another axis.