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(영문) 수원지방법원 2019.06.14 2018나74815

약정금

Text

1. The plaintiff's appeal is all dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

On July 24, 2012, the Plaintiff asserted that the Plaintiff paid KRW 30,000,000 (hereinafter “instant investment money”) to the Defendants with the investment money in oil distribution business, and the Defendants subsequently promised to return the said investment money to the Plaintiff while “the Defendants were subjected to fraud regarding the said business.”

Therefore, the Defendants are jointly and severally liable to pay to the Plaintiff KRW 30,000,000 as well as damages for delay.

The Defendants asserted that Defendant C had been aware of the past pseudo Petroleum distribution process, and the Defendant C’s statement that “I may hump oil with 40 won per liter.” The Defendants and the Plaintiff agreed to purchase petroleum at a low price with the same kind of business and supply it to the gas station. Since then, the Defendants paid 52,00,000 won in total with the money invested in the instant case and the money created by the Defendants, but did not receive petroleum.

Since then, the Defendants merely told the Plaintiff that they will indicate their mind even if they are unconstitutional, and did not agree with the Plaintiff that they would return the instant investment money.

Judgment

On June 2012, the Plaintiff recommended from the Defendants to invest in the business of supplying petroleum to the gas station in a manner that “Ahurler wurler wursts,” and transferred KRW 30,000,000 to the Defendant C in order to invest in the above business on July 24, 2012, there is no dispute between the parties. According to each of the evidence Nos. 2 and 3, the Defendants will return the said investment money even in a telephone conversation with the Plaintiff around December 2013 as the circumstances permit.

'The fact that '' speaks to the purport is recognized.

However, the Plaintiff filed a complaint against the Defendants by means of deception of the investment money of this case in around 2014, and the Defendants were in the course of the investigation. < Amended by Presidential Decree No. 20350, Dec. 23, 2005>