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(영문) 서울중앙지방법원 2021.02.05 2020나28022

금전반환 청구

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1. The part of the judgment of the first instance against the defendant in excess of the amount ordered to be paid below shall be cancelled.

Reasons

1. The facts delineated below are either in dispute between the parties or in full view of the purport of the entire pleadings in Gap evidence No. 1 and Eul evidence No. 2.

A. The Plaintiff is a company engaged in the business of acquisition, merger, and advisory services thereon, and the Defendant Intervenor is a company engaged in the business of developing software, and the U.S. A, a U.S. subsidiary company, is its inside director.

B. On July 24, 2019, the Plaintiff transferred KRW 200,000 (hereinafter “the instant money”) to a new bank account (the nominal owner: Frop (D)) known by the Defendant.

2. Determination:

A. The plaintiff's summary of the plaintiff's assertion is that the defendant was delegated by H, etc. (hereinafter "the largest shareholder") with the authority to sell the lawsuit for the takeover of G Co., Ltd. (hereinafter "G"), and the defendant contacted the defendant and pays KRW 10,000,000 as a down payment and an intermediate payment within the cover of the acceptance condition, the largest shareholder will transfer shares, but if the plaintiff fails to comply with the promise to raise funds, the contract confiscationing KRW 200,000,000 (hereinafter "the acceptance condition of this case") is capable, and the defendant accepted it by linking the largest shareholder with the contract confiscationing KRW 20,000,000.

Accordingly, the Plaintiff transferred the instant money to the Defendant to show that he/she had the intent to conclude a contract.

As we know so, the defendant did not have been entrusted with the right to sell and did not reach an agreement with the largest shareholder.

Thus, the plaintiff caused mistake in motive leading the defendant to believe that he was delegated to sell G from the majority shareholder, and remitted the money of this case to the defendant along with the above request for consultation. The plaintiff's mistake in motive was indicated to the defendant.

As such, September 2, 2019.