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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On February 21, 2006, the Plaintiff: (a) decided to make an investment in E apartment (hereinafter “instant apartment”) in D’s execution project implemented by the Sejong A&D Co., Ltd. (hereinafter “S&D”); and (b) transferred KRW 60 million to the Defendant’s account; and (c) on February 28, 2006, the Defendant transferred KRW 50 million out of the said money to S&D account.
B. On March 3, 2006, the Plaintiff was issued a business participation agreement stating that it invested KRW 30 million in the instant apartment execution business from SaBD and that “an amount of KRW 30,000,000,000,000,000,000 for the instant apartment execution business” and “an amount of KRW 30,00,000,000,0
[Ground of recognition] Unsatisfy,
2. The plaintiff's assertion made an investment in the right to move into the apartment of this case at the defendant's recommendation, but the apartment reconstruction project did not proceed, and as the defendant raised an objection to this, the defendant is liable for the plaintiff's investment, so the defendant is obligated to pay the plaintiff 60 million won and its delay damages.
3. According to the overall purport of the statement and argument by Gap evidence No. 2, it can be acknowledged that the defendant prepared and delivered a confirmation certificate stating that "I will confirm the right to move into the plaintiff around 2007. I will be responsible for the daily amount of KRW 60 million."
However, in cases where the content of a contract between the parties to the contract is written in writing, which is a disposal document, if the objective meaning of the text is clear, barring any special circumstance, the existence and content of the expression shall be recognized. However, if the objective meaning of the text is not clearly expressed, regardless of the parties’ internal intent, it shall be comprehensively considered such factors as the motive and circumstance in which the contract was made, the purpose and genuine intent to be achieved by the parties to the contract, transaction practices, etc., so that it is consistent with the ideology of social justice and equity.