(영문) 부산지방법원동부지원 2020.06.04 2019가단2591

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(영문) 부산지방법원동부지원 2020.06.04 2019가단2591

투자금반환등

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1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. On the premise that the Plaintiff’s assertion made an investment in KRW 100 million to the Defendants, the Plaintiff asserts that a total of KRW 130,000,000 should be returned according to the agreement. However, the Defendants asserted to the effect that: (a) the actual other party that the Plaintiff agreed to make an investment is not the Defendants; and (b) according to the investment agreement, the Plaintiff is not E, but E, and that the principal may not be guaranteed.

2. Determination

A. In order to support the assertion, the Plaintiff submitted as evidence a copy of the Investment Agreement (Evidence A 1; hereinafter “instant Investment Agreement”) and a copy of the commitment (Evidence A 2; hereinafter “instant commitment”) made between Defendant B and two parties. In light of the following circumstances, the Plaintiff’s submission of each of the statements and images as set forth in subparagraphs B through 3, B through 14, and the entire purport of the pleadings, and the submission of each of the financial transaction information by the F and G Cooperatives, there is no sufficient evidence to acknowledge the authenticity thereof, and there is no formal evidence to prove the authenticity thereof, in view of the following circumstances.

1) Examining the column for “A” of the instant investment agreement, the following is written in the same vice language as Defendant B and two persons, and the completion of the agreement indicated as “H” is affixed with the same form of seal as that of the corporate seal affixed thereto. The instant promise written in the form of “A” written in the form of “I”-gun, Busan Metropolitan City captain-gun, Busan Metropolitan City (I.B., 2, and J2) written in the form of “H: (a)” as follows; (b) the rubber and two, written in the form of “H” written in the form of “H” are affixed with the seals indicated as “H” attached thereto.

H JJ K 3) Whether each of the above seals is affixed with the defendants' seals or affixed with whom they are affixed (the defendants are the position to gather the Investment Agreement itself.

If a third party puts a seal, it is sufficient to prove that the defendant's consent or permission is affixed to it.

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