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(영문) 서울중앙지방법원 2015.01.27 2013가단300763

대금반환

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Determination as to the cause of claim

A. The Plaintiff’s assertion 1) around 2008: (a) around 60,00, the Defendant and the Plaintiff made 3m wide, 60,000,000,000, and posted 4m long and 4m long on the front side of mountain, and put up a candle dlelelight belt with stone and set up approximately 30,00 believers in front of it (hereinafter referred to as the “production contract of this case”).

(2) On October 22, 2008, the Defendant paid KRW 30,000,000 to the Defendant. (2) After receiving KRW 30,000,000, the Defendant did not perform at all the production contract of the instant Buddhist, etc., and decided to produce the instant Buddhist, etc. as one tin at the time of the production contract of the instant Buddhist, etc., and the Defendant violated the contract by separately manufacturing the Buddhist, etc., and thus, cancelled the contract for this reason, and sought the return of KRW 30,00,000,000.

B. In light of the following circumstances, it is difficult to believe that the witness C’s testimony, consistent with the Plaintiff’s argument that the Plaintiff is a party to the instant manufacture contract, such as the instant Buddhist, is a party to the instant contract, based on the overall purport of the pleadings, and the following circumstances, i.e., (i) the production contract of the instant Buddhist, etc. appears to have been led by name D; (ii) there is no objective contract; and (iii) there was no measure that would have been taken as a matter of course if, around September 2013, 2013, immediately before the Plaintiff brought the instant lawsuit after remitting KRW 30,000 to the Defendant’s place of business, the Defendant would have been found to have been a party to the instant contract; and there is no evidence to acknowledge it differently, and the Plaintiff’s assertion has no reason to further consider the remainder of the issues without any need to do so.

2. In conclusion, the plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.