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(영문) 인천지방법원 2019.05.08 2018가단205888
부당이득금
Text

1. All principal claim and counterclaim claims are dismissed.

2. The costs of lawsuit shall be borne by each person;

Reasons

Plaintiff

On August 28, 2008, the Plaintiff entered into an investment contract with Defendant 1’s Incorporated Association B (Representative C) (Representative C) (hereinafter “Defendant 1”), and accordingly, the Plaintiff paid KRW 180,000 to Defendant 1. The investment contract does not have to be basically required, such as the distribution of profits or the recovery of capital, and on the other hand, the Plaintiff entered into a contract with only the Plaintiff’s investment obligation, which is disadvantageous to the Plaintiff by deception, and thus, is revoked pursuant to Article 110 of the Civil Act.

In addition, as a result of the Plaintiff’s business progress, it is a contract under which the Plaintiff has significantly lost the fairness of the Plaintiff’s investment prohibition obligation without any major content, such as distribution of profits from investment or recovery of capital, and thus, is null and void in accordance with Article 104 of the Civil Act.

Therefore, Defendant 1 should return the investment amount of KRW 180 million received from the Plaintiff to the Plaintiff by restitution.

In addition, the defendant (Counterclaim) C, who is a deception, shall pay the plaintiff the above KRW 180 million with the liability of the tortfeasor, and is jointly and severally liable by the defendants.

Judgment

However, there is no proof by the plaintiff as to the assertion that the investment contract is substantially unfair due to poverty and rashness, and that the investment contract is a contract established by deception of C.

No primary claim shall be accepted.

Plaintiff

The preliminary claim is the preliminary claim that would cancel the land sales contract between the Plaintiff and the Defendant-Counterclaim Plaintiff (Counterclaim Plaintiff) unless the said contract for investment in the 180 million foot is recognized.

The reasons for cancellation are the impossibility of the performance of the duty of franchisium and connection with the franchisium and delay of cancellation of the right to collateral security.

Even if the right of rescission is not recognized, the above sales contract has no effect.

First, solar power generation.

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