(영문) 수원지방법원 2015.02.06 2014나27330

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(영문) 수원지방법원 2015.02.06 2014나27330

투자금반환

Text

1. Revocation of a judgment of the first instance;

2. The instant lawsuit shall be dismissed.

3. The total cost of a lawsuit shall be borne individually by each party.

Reasons

1. On March 2012, each of the parties’ respective arguments asserted that the Plaintiff entered into a partnership agreement with the Defendant to operate a creative manufacturing business in the name of the Defendant and C, and that the said partnership agreement was terminated on July 31, 2012, and that the Defendant is obliged to pay the Plaintiff KRW 70,000,000 with the amount of settlement corresponding thereto.

As to this, the Defendant agreed with the Plaintiff to withdraw the instant lawsuit instead of paying KRW 77,500,000 to the Plaintiff, and thus, the Plaintiff’s instant lawsuit is unlawful.

2. If the parties to a lawsuit of this case agreed to withdraw the lawsuit, barring special circumstances, the lawsuit shall be dismissed on the ground that there is no legal interest to continue the lawsuit, barring any special circumstance (see, e.g., Supreme Court Decision 81Da1312, Mar. 9, 1982). However, if the parties agreed to withdraw the lawsuit of this case, the legal interest to continue the lawsuit shall not be denied unless the fulfillment of conditions is recognized.

(2) On July 12, 2013, the Defendant: (a) sold KRW 150,00,00,000 from D on October 14, 2014 to the Plaintiff and the representative director E of D (hereinafter “D”); (b) on October 11, 2014, the Defendant prepared a full set of 90 meters for pressure withdrawal; (c) on the one hand, one set of machines and metal type, such as a one set of rup, one printing machine, one set of 31 set, etc.; and (d) written an account number of KRW 150,00,000 from the proceeds thereof, and paid KRW 77,50,000 from the proceeds thereof to the Plaintiff; and (d) on the other hand, the Plaintiff prepared an agreement to withdraw each lawsuit under the name of the Plaintiff and the representative director E (hereinafter “D”); and (d) on the other hand, written the Plaintiff’s account number of KRW 150,010 from the proceeds.

참조판례

-대법원 1982. 3. 9. 선고 81다1312 판결

-대법원 2013. 7. 12. 선고 2013다19571 판결

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