투자금반환 등
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. The defendant's grounds for appeal citing the judgment of the court of first instance are not significantly different from the allegations in the court of first instance, and even if all the evidence submitted in the court of first instance are examined, the fact-finding and judgment of the court of
The reasoning of the judgment of this court is as follows.
In addition to adding the following judgments as to the allegations added by the defendant in this court, the contents of the investment contract in the letter box shall be changed as shown in the attached Form, and it shall be cited in accordance with the main sentence of Article 420 of the Civil Procedure Act, as it is, by the reason of the judgment of the first instance.
2. Additional assertion and determination
A. The gist of the Defendant’s assertion is 45,00,000 won (=114,000,000,000 won - 68,970,000 won) calculated by deducting the Plaintiff’s 68,970,000 won, not the full amount of the investment, as long as there is no separate agreement that guarantees the investment amount, even though the instant contract is not a partnership agreement, as long as the Defendant’s repayment is not a separate agreement that guarantees the investment amount.
B. In light of the circumstances in which the purport of the entire pleadings is visible to the above recognized facts and macrosive evidence, the Defendant and the Plaintiff appear to have determined KRW 114,00,000 that the Plaintiff paid the money to be returned to the Plaintiff when the Plaintiff would not work normally. The evidence presented by the Defendant alone is insufficient to deem that the Plaintiff agreed to exclude the profits that the Plaintiff received from the above amount from the above amount, and there is no other evidence to prove otherwise
Therefore, the defendant's above assertion is without merit.
① The instant contract provides that “the amount invested” under Article 7(7) shall be refunded, and Article 3(1) provides that the amount invested by the Plaintiff shall be KRW 114,00,000, and the return of the principal of the investment shall be determined.
② Under Article 5(3) and (4) of the instant contract, the Plaintiff and the Defendant are obliged to recover the investment amount, and in particular, Article 5(4) provides for the Defendant.