투자금반환청구의 소
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
The reasoning for the judgment in this case shall be cited by the main sentence of Article 420 of the Civil Procedure Act in addition to the following judgments.
The Defendant asserts that the Defendant exempted the Defendant from liability, on the grounds that the Plaintiff filed a lawsuit against the Plaintiff and E and the Plaintiff paid the Defendant’s settlement of accounts on the basis of the winning decision (A5).
First, on February 16, 2015 between the Plaintiff and the Defendant, the Plaintiff and the Defendant, agreed to KRW 220,000,000,000, and the loan certificate (No. 4) with the obligor E in connection with the payment of the above settlement agreement was prepared, and the Plaintiff received KRW 100,000,000 from E on the following day, and the Plaintiff filed a lawsuit against E seeking payment of the remaining settlement agreement amount of KRW 120,00,000,000 and delay damages amount of KRW 120,000,000,000 against E by this court under the 2017Ga163, and there is no dispute
However, this fact alone is insufficient to recognize that the Plaintiff exempted the Defendant from liability.
The reasons are as follows.
Therefore, the defendant's above assertion is without merit.
By February 17, 2015, the Defendant alleged that E paid all of KRW 220,000,000 to E by the date following the settlement agreement, and that E testified in the first instance trial for the purpose of recognizing this.
However, there is no evidence that at the time of entering into a settlement agreement or a loan certificate, the plaintiff had already received some of the money to be paid as the settlement agreement amount from the defendant and was aware that he would receive the full amount on the following day.
(E) The Plaintiff testified that he was unaware of the Plaintiff. If the Plaintiff was aware of such circumstances and agreed to receive the remainder of the settlement agreement from E, 100,000,000,000 won, the Plaintiff was entitled to receive the settlement agreement only after several months, from the standpoint that the Plaintiff could have immediately received the settlement agreement, is considerably unfavorable, and is an agreement beneficial to E.