(영문) 서울북부지방법원 2017.02.09 2015가단118097

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울북부지방법원 2017.02.09 2015가단118097

손해배상

Text

1. The plaintiffs' lawsuit against the defendant C is dismissed.

2. Defendant D shall pay 15,000,000 won to each of the Plaintiffs.

Reasons

1. Claim against Defendant C

A. The plaintiffs asserted that, if Defendant C makes an investment in Company E with the plaintiffs, he/she is liable to pay the investment principal and profits to the plaintiffs. The plaintiffs asserted that: ① the amount of KRW 5 million from the plaintiffs on June 7, 2013 and June 19 of the same month; ② the amount of KRW 20 million on December 18, 2013; ② the amount of KRW 30 million from the plaintiff joint company B on August 22, 2013; ② the amount of KRW 48 million on January 30, 2014; and KRW 65 million on January 31, 2014; and Defendant C is liable to pay part of the amount of KRW 15 million and delay damages to the plaintiffs.

B. On July 4, 2016, Defendant C’s attorney asserted that there was no interest in the protection of rights in the instant lawsuit since the Plaintiffs agreed to withdraw the instant lawsuit on July 4, 2016 between the Plaintiffs and the Defendant C, and the Plaintiffs asserted that there was a legal interest in maintaining the instant lawsuit, since the Plaintiffs agreed to withdraw the said lawsuit on the condition that the amount of investment was returned to the Defendant C, but did not have been returned.

If an agreement was reached between the parties to withdraw a lawsuit between the parties to the lawsuit, such lawsuit shall be dismissed as there is no legal interest to continue the lawsuit, barring special circumstances (see, e.g., Supreme Court Decision 81Da1312, Mar. 9, 1982). However, in cases where an agreement on the withdrawal of a conditional lawsuit was reached, the legal interest to continue the lawsuit shall not be denied unless the fulfillment of conditions is recognized.

As to the instant case, in full view of the purport of the entire pleadings in the written evidence Nos. 5, 5, and 6, Defendant C’s above to the Plaintiffs.

On July 4, 2016, the Plaintiffs agreed to file the instant criminal case complaint and withdraw the instant lawsuit, among criminal trials (Tgu District Court 2015Da5460) on whether the said deception was committed. As such, the Plaintiffs and the Plaintiffs agreed to withdraw the instant lawsuit.

참조판례

-대법원 1982. 3. 9. 선고 81다1312 판결

유사 판례

-수원지방법원 2019.07.04 2018나62393

-서울남부지방법원 2015.05.21 2014나12022

-서울북부지방법원 2019.04.30 2018가단24001

-창원지방법원통영지원 2020.02.18 2019가단3645