부당이득금
1. All appeals by the Defendants are dismissed.
2. The costs of appeal are assessed against the Defendants.
Purport of claim and appeal
1.
1. The reasoning for the court’s explanation of this case is as stated in the reasoning of the judgment of the court of first instance, except for adding the judgment as set forth in the following paragraph (2) to the defendants’ additional arguments at the trial of the court of first instance. Thus, this is cited in accordance with the main sentence of Article 420 of the
(hereinafter the meaning of the abbreviationd language used in this subparagraph is the same as that of the first instance judgment). 2. Additional decision
A. The summary of the Defendants’ assertion 1) The Plaintiff paid KRW 100 million to the Defendant Company in accordance with the instant funding agreement, but remitted KRW 70 million to the account under the name of E, which is not KRW 100 million. As such, the Plaintiff’s genuine intent was merely an investment of KRW 70 million to E, and there was no performance of the Defendants’ investment obligation. Furthermore, as the instant funding agreement is a bilateral contract, the Plaintiff, which was responsible for failing to perform his/her obligation, cannot assert the rescission of the contract against the Defendants. 2) Even if the Plaintiff’s investment deposit into the account under the name of E, even if the Plaintiff invested the Defendants, the Plaintiff and the Defendants do not bear the obligation to return the principal amount of KRW 70 million to the Plaintiff, as long as there was no separate agreement between the Defendants to compensate for the principal.
B. As to the first argument of the Defendants 1, the following circumstances, which are acknowledged by comprehensively taking into account the following circumstances, i.e., the Defendants as business operators and the Plaintiff as investors, outline of the business subject to investment, amount of investment and distribution of earnings, purpose of investment funds and timing of investment, etc., as to the first argument, and the seal of the Plaintiff and the Defendants is affixed thereto.