logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 청주지방법원 2016.12.02 2016가단11066
계약금반환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On December 1, 2014, the Plaintiff asserted that the Plaintiff made an investment of KRW 24 million from three (3) non-party D, E, and F (hereinafter referred to as “non-party D”) in the Cheongju-si Model C Residential City (hereinafter referred to as “non-party D”) to undertake the regional housing association. If the Plaintiff made an investment of KRW 24 million, he/she is obligated to make five (600,000,000,000,000 won in the non-party G’s account and remits the transfer of KRW 26 million to the non-party G’s account, and receives five (5) copies of the subscription contract. At the time of signing the subscription contract, the Defendant agreed to return KRW 1.6 million in total,00,000 in the contract. On May 10, 2016, the Plaintiff notified the Defendant to terminate the contract with the intent to return the down payment to the Defendant, but the Defendant is obligated to pay damages for delay on refund 30 million won.

2. We examine the judgment, and there is no evidence to acknowledge that the Defendant agreed to return KRW 30 million to the Plaintiff when the Defendant returned to the Plaintiff five copies of the original subscription contract as the Plaintiff wishes. In light of the Plaintiff’s assertion itself, the Plaintiff’s assertion appears to be the Plaintiff, and the Nonparty’s assertion appears to be the Plaintiff’s assertion as the Plaintiff’s representative, and the Nonparty expressed its intent as the Nonparty’s agent.

There is no evidence that the non-party is a legitimate representative of the defendant.

Therefore, the plaintiff's assertion is without merit without further review.

3. In conclusion, the plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.

arrow