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(영문) 서울고등법원 2016.11.15 2016나2019471
투자금반환
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. The reasoning of the judgment of the court of first instance cited by the court of first instance is the same as the reasoning of the judgment of the court of first instance, except for the portion added to the following:

2. On the fourth and seventh sides of the judgment of the first instance, the following shall be added to the addition:

In addition, the Plaintiff and the Defendant’s dividend ratio during the above period were 1:2. The Defendant alleged that 20,706,082 won was unjust by not paying the Plaintiff’s dividend ratio compared to the Plaintiff’s above dividend ratio during the above period. However, there is no evidence to acknowledge the Plaintiff’s above assertion, and the Plaintiff’s above assertion is without merit. The following is added to the fourth and sixthth of the judgment of the first instance court.

Inasmuch as the Defendant agreed to fully return the lease deposit amount of KRW 50 million to the Plaintiff at the time of the completion of the business, even if the Defendant suffered a loss equivalent to the total amount of the lease deposit, the Defendant asserts that the Plaintiff should return to the Plaintiff the remainder of KRW 35 million, excluding KRW 15 million (50 million x 30%), which is the Plaintiff’s loss-sharing (50 million x 30%). However, as seen above, it is difficult to view that the Defendant has a duty to return the principal amount invested separately from the general settlement of accounts, regardless of whether the principal amount invested has been lost or not, the Plaintiff’

3. Thus, the plaintiff's claim of this case is dismissed as it is without merit, and the judgment of the court of first instance is just in conclusion, and the plaintiff's appeal is dismissed. It is so decided as per Disposition.

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