(영문) 대구지방법원 2016.12.22 2015가합3888

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(영문) 대구지방법원 2016.12.22 2015가합3888

계약금반환

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1. The Defendant’s KRW 240,000,000 as well as 5% per annum from February 23, 2006 to December 30, 2015 to the Plaintiff.

Reasons

1. Basic facts

A. On July 22, 2005, the Defendant entered into a project implementation agreement with D Co., Ltd. (hereinafter “D”) whose representative director was Nonparty C to implement the reconstruction project (hereinafter “instant project”) and the FF reconstruction project, with the content that the Defendant would attract the investment amount of the said project.

B. On November 2, 2005, the Defendant and D jointly carried out the instant business with the introduction of Nonparty G in the process of pursuing investors, but at the same time, the Plaintiff was responsible for raising funds, and at the same time, paid KRW 600,000,000 by the end of November 24, 2005, and KRW 100,000,000 until December 24, 2005, and the business profit was to be distributed at the rate of approximately 49 (Defendant and D) 51 (Plaintiff) (hereinafter “instant partnership agreement”). The Plaintiff deposited KRW 60,000,000 into the account of D company on November 2, 2005.

C. After that, the Plaintiff demanded the return of the investment amount on the ground that the Defendant and D improperly used the investment amount. Accordingly, on November 29, 2005, the Defendant and D drafted a written confirmation that the Plaintiff would pay KRW 600,000,000 to the Plaintiff by December 10, 2005 (hereinafter “instant claim for return of the investment amount”) on the grounds of the rescission of the partnership agreement (hereinafter “instant written confirmation”).

【Ground for recognition】 The fact that there has been no dispute, Gap evidence 1, and 2, the purport of the whole pleadings

2. The fact that the defendant prepared a written confirmation that he would pay KRW 600,000,000 to the plaintiff up to December 10, 2005 on the ground of the reversal of the partnership agreement on November 29, 2005 is recognized as above. The plaintiff was paid KRW 360,000,000 out of the above amount through G on February 23, 2006. Thus, the defendant is liable to pay the plaintiff 240,000,000 and damages for delay, barring any special circumstances.

3. Judgment on the defendant's assertion

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