압류채권 지급청구의 소
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.
1. The reasoning of the judgment of the court of first instance is as follows: (a) the part which omitted the entry of some reasons is modified; and (b) the following judgments are as stated in the reasoning of the judgment of the court of first instance, in addition to adding the following judgments between 5, 14 and 15 of the judgment of the court of first instance; and (c) therefore, (d) the same shall be
2. The modified portion and the further determination
A. We add “The entry of evidence No. 14 and the purport of the entire pleadings” at the end of paragraph 16 of the judgment of the first instance court that is modified.
B. In addition, the Plaintiff asserts that “(1)” did not make an investment in the development project of this case using the name of the Defendant, but rather made an investment in the development project of this case by using the name of the Defendant, and thus, if the development project of this case is withdrawn, the Defendant should return the investment amount to B.
In full view of the overall purport of the evidence as seen earlier, it can be seen that the following relationship was formed between B, Defendant, and Nonparty Company.
In other words, B and the Defendant respectively entered into the “instant investment agreement” and the “Defendant and the Nonparty Company”, and accordingly set the allocation ratio of investment profits between B and the Defendant (50:50) and the allocation ratio between the Defendant and the Nonparty Company (30:70) respectively, and set the allocation ratio in preparation for liquidation. The “B and the Defendant” agreed to terminate their rights and duties related to the instant agreement by returning the balance of investment to B in accordance with Article 4 of the instant agreement in the event development project is withdrawn or the loss of investment occurred. On the other hand, the “Defendant and the Nonparty Company” agreed to liquidate their relations by paying the principal and interest of investment to the Defendant in accordance with the settlement agreement (Article 4 of the instant agreement) among the instant investment agreement where the investment is withdrawn.
However, the instant agreement and the instant investment agreement are the same date.