부당이득금
1. The plaintiff's appeal is 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.
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 parts added or rewritten in paragraphs (2) and (3) below, and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. On the Plaintiff’s additional assertion regarding the claim for return of agreed amount, No. 21 of the first instance judgment, which is added in the trial, is subsequent to the second instance judgment, the following is added.
C. The plaintiff asserts that, although the defendant was planned to recover the additional share price in the manner of capital reduction for consideration, the plaintiff had a duty to return the amount of the agreement in this case to the plaintiff as if he were to conceal it and withdraw it in the manner of profit distribution, the plaintiff deceivings the plaintiff, and acquired the amount of the agreement in this case from the plaintiff, and the plaintiff cancelled the agreement in this case on the grounds of the plaintiff's expression of intent by deception.
The statements in evidence Nos. 5, 6, and 7 are insufficient to recognize that the defendant deceivings the plaintiff, and there is no other evidence to acknowledge this. Thus, the plaintiff's above assertion is without merit.
The Plaintiff asserts that the instant agreement constitutes a juristic act contrary to social order (Article 103 of the Civil Act) or an unfair juristic act (Article 104 of the Civil Act) and thus null and void, and the Defendant is liable to return the instant agreement to the Plaintiff, on the grounds that the agreement was concluded with respect to the Plaintiff’s old-age, anti-social order (Article 103 of the Civil Act) or unfair juristic act (Article 104 of the Civil Act).
In light of the circumstances leading up to the conclusion of the instant agreement, the Plaintiff’s occupation and experience, etc., the written evidence Nos. 5, 6, and 7 are alone stated.