약정금
The defendant's appeal is dismissed.
Expenses for appeal shall be borne by the defendant.
Purport of claim and appeal
purport.
1. The reasoning of the court concerning this case, such as the acceptance of the judgment of the court of first instance, is the same as the reasoning of the judgment of the court of first instance, except for the supplement or addition of the judgment as stated in the following 2. Thus, it is acceptable to accept this as it is in accordance with
2. The supplementary and additional defendant asserts that the agreement of this case entered into with the plaintiff is a substantial investment agreement, and the defendant is unable to acquire the right to operate the hotel because it belongs to D and thus the plaintiff's investment cannot be returned. Thus, the defendant is not obligated to return the investment money to the plaintiff.
However, according to the facts acknowledged by the first instance judgment cited by the present court, the instant agreement was concluded by the Defendant on the Defendant’s responsibility to obtain the casino and slot machine business license and transfer it to the Plaintiff. Since the Defendant was unable to transfer the instant agreement to the Plaintiff, the Defendant was obligated to return the money received from the Plaintiff due to the cancellation of the contract to the original state in accordance with the termination of the contract.
The defendant's argument is without merit.
[Y] Even if the agreement of this case is an investment agreement, the defendant is obligated to immediately refund all the expenses required for the agreement of this case when the agreement of this case is not implemented (No. 4). Thus, the plaintiff's claim is accepted within the scope of the above recognition, and the remainder is dismissed as there is no reason.
The judgment of the court of first instance with the same conclusion is just, and the defendant's appeal is dismissed as it is without merit.