투자금반환 청구의 소
1. The plaintiff's appeal is dismissed.
2. The plaintiff shall bear the total costs of the lawsuit after the appeal.
purport, purport, and.
1. After remanding, the Plaintiff: (a) in relation to the investment contract of KRW 2.32 billion in total from the first instance court to September 22, 2015, the Plaintiff filed a claim for revocation of the right of deception and a claim for damages (main claim); (b) the termination of the investment contract due to nonperformance of obligation and the claim for return of the investment amount (preliminary claim).
The first instance court dismissed all of the plaintiff's claims, and the plaintiff filed an appeal.
Before remanding, this Court may view that the sum of the investment amounts under each investment contract concluded around May 14, 2014 and around December 2, 2015 as the sum of the investment amounts under each investment contract is KRW 2.32 billion, and that, in fact, the sum of September 22, 2015, KRW 2.32 billion is the same as the investment contract in which the sum of September 22, 2015, supra.
In relation to the plaintiff's primary claimant, the cancellation of investment contract and the claim for restitution of the original claim were accepted (part of interest or delay damages).
On this issue, the defendant filed an appeal.
The Supreme Court reversed the part against the defendant as to the main claim and the part of the conjunctive claim corresponding to that part of the judgment before remanding the case on the ground that it is difficult to accept the fact-finding and judgment of the court below that each of the above investment contracts was legally revoked by the plaintiff's declaration of revocation on the ground of the defendant's deception, and remanded the
After remand, the plaintiff withdrawn his primary claim in this court.
Therefore, the main claim in the judgment of the court of first instance is invalidated. Ultimately, after the remand, the object of the judgment of this court is limited to the plaintiff's conjunctive claim.
2. Basic facts
A. The Defendant is a representative of C (the Defendant, around November 2012, established “Co., Ltd. E” and changed the name into “C” around June 2014, and around July 2015, the name of “Co., Ltd.”); and the Plaintiff is the following.