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(영문) 서울고등법원 2016.12.20 2016나2052133

투자금반환

Text

1. The defendant (Counterclaim plaintiff)'s appeal is dismissed.

2. The costs of appeal are assessed against the Defendant-Counterclaim Plaintiff.

purport, purport, and.

Reasons

1. The reasoning of the judgment of the court of first instance is as stated in the reasoning of the part demanding the payment of KRW 300,000,00 in a counterclaim, except for the parts corrected or added as follows, and thus, the same shall be cited pursuant to the main sentence of Article 420 of the Civil Procedure Act.

2. Following the 7th page 6 of the first instance judgment of the first instance court (hereinafter “each of the instant accounts”), “Account Number: R of Daegu Bank (hereinafter “the instant third account”) is added. The instant second account in the first instance judgment is revised to “the instant third account.” Each of the 7th page 9, 19, 5, 10, and 12 is revised to “the instant third account.” The “P” in the first instance judgment is revised to “C.” The following is added to the effect that the Plaintiff’s transfer of KRW 300 million to C from the instant account from February 21, 2011 to the shareholder, and that the Plaintiff’s transfer of KRW 300 million to C from the instant account was subject to the agreement between the Plaintiff, F, and C, and the Defendant’s transfer of KRW 100 million to C, and that the Plaintiff’s transfer of KRW 100 million to C, 2013,000,0000,000 to the Defendant’s transfer of profits.

However, there was an implied agreement between the Plaintiff, the Defendant, and the F to settle the amount of KRW 600 million out of the profits distribution amount of Q investment projects with the Defendant, and there is no evidence to prove that the Defendant lent or stored KRW 300 million to the Plaintiff under the name of the Plaintiff, the Defendant, and the F, etc., with respect to the investment projects that were between the Plaintiff, the Defendant, and the F, the amount of money distributed out of the remaining profits.