약정금
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
1..
1. The reasoning of the judgment of the court of first instance citing the reasoning of the judgment of the court of first instance is reasonable and acceptable.
2. As to the assertion made by this court
A. The plaintiff's assertion is also asserted in the first instance court as follows.
C Around March 2006, around August 2006, concluded an investment contract with the Plaintiff on the following terms: (a) the Plaintiff received total of KRW 1,139,876,466 from the Plaintiff; (b) the Plaintiff invested in the F business; and (c) the Plaintiff shall pay 10% out of the investment principal and the profits from the business.
On March 2, 2007, the Defendant acquired F business, including the above investment principal and the obligation to pay earnings, from C. On March 27, 2007, the Defendant concluded a contract similar to the investment contract that C entered into with the Plaintiff (hereinafter “instant investment contract”).
Therefore, the defendant is obligated to pay to the plaintiff the investment principal and revenue under the investment contract of this case or the damages, etc. due to the non-performance of the investment contract.
B. Even if all the evidence presented to this court, including the testimony by J as witnesses of the court, is collected, it is difficult to view that the Plaintiff entered into the instant investment contract with C or the Defendant as alleged in the said claim, and there is no other sufficient evidence to view otherwise.
It is difficult to change the judgment of the first instance court to the same purport properly.
Plaintiff
We do not accept the argument.
3. Conclusion, the first instance judgment is justifiable.
The plaintiff's appeal is dismissed for lack of reason.