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(영문) 서울고등법원 2017.01.13 2016나2023180

투자금반환

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. The reasons why the court has used for this case are as stated in the reasoning of the judgment of the court of first instance, except for the dismissal or deletion of the corresponding parts as follows. As such, it refers to the reasoning of the judgment of the court of first instance as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

Part III through XIV of the decision of the first instance court are as follows.

“However, in light of the following circumstances, the evidence submitted or cited by the Plaintiff up to the trial of the first instance witness C, including partial testimony, is insufficient to conclude that the said contract is an investment contract as alleged by the Plaintiff, and there is no other evidence to acknowledge it. Rather, the said contract can be deemed as a partnership agreement to operate a joint business to develop the instant land jointly by mutual investment.”

(b) eliminate the part regarding the overall heading 5 through 18 of the judgment of the first instance.

(The plaintiff clearly withdraws the "claim for Distribution of the Cooperative's Residual Property" in the first instance and only maintains the claim for the return of the investment amount. (C)

Each "Witness" shall be the "Witness of the First Instance".

2. In conclusion, the judgment of the court of first instance is legitimate, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.