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(영문) 부산지방법원 2019.09.25 2019나44897

약정금

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1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On May 13, 2014, the Plaintiff entered into an investment agreement with G Co., Ltd. (hereinafter “G”) to return 2.2 times the amount invested by G until December 31, 2017, when the Plaintiff invested a certain amount in G, and invested KRW 90 million in G.

(Investment was made from G in the manner that the Plaintiff purchased 66/1398 square meters in the name of the Plaintiff’s land and KRW 90 million in the name of the Plaintiff’s land. However, at last, the registration of transfer was made in the name of the Plaintiff with respect to the said shares.

The Plaintiff did not receive investment profits from G even after December 31, 2017.

C. On February 19, 2018, the Plaintiff and the Defendant (G’s de facto representative) drafted a written agreement with the Plaintiff and a letter of non-performance as follows.

The previous sales contract between G and the Plaintiff shall be terminated.

The plaintiff shall receive KRW 90 million from G or the defendant until April 2018, and simultaneously implement the registration of ownership transfer to a person designated by G or G.

G or the Defendant’s failure to return to the Plaintiff the investment principal of KRW 90 million under the said agreement by April 2018, if the Plaintiff is unable to return the investment principal of KRW 90 million to the Plaintiff by not later than April 31, 2018, according to the original agreement, KRW 200 million is paid by not later than May 2018, and the Plaintiff is entitled to refund the instant land shares from the Plaintiff.

The Defendant paid the Plaintiff KRW 10 million, around February 19, 2019, KRW 20 million around March 30, 2018, KRW 12.5 million around April 30, 2018, KRW 2500,000 on May 30, 2018, KRW 10 million around June 29, 2018, KRW 10 million around June 29, 2018, KRW 20 million around July 30, 2018, and KRW 94 million.

[Ground of recognition] Facts without dispute, Gap 1 to 5 evidence, Eul 1, 2 and 5 evidence (including each number), the purport of the whole pleadings

2. Judgment on the plaintiff's claim

A. The summary of the party’s assertion (1) The Plaintiff’s Defendant is on April 30, 2018, the amount of KRW 30 million, which shall be paid in March 2018 in accordance with the written non-performance rejection.