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(영문) 부산지방법원동부지원 2015.09.02 2015가단200175
약정금반환
Text

1. The Defendant’s KRW 42,500,000 as well as 5% per annum from January 16, 2015 to September 2, 2015 to the Plaintiff.

Reasons

1. Determination as to the cause of claim

A. In full view of the purport of the arguments in Gap evidence Nos. 1, 2, and 5 and part of Gap evidence Nos. 6, the plaintiff agreed that the plaintiff would operate the plaintiff's game room E located in Gyeongnam-si (hereinafter "the game room of this case") around Aug. 9, 2006, and the plaintiff would make an investment of KRW 100 million, and the defendant and Eul would be responsible for the management and operation of all kinds of the businesses, and "the principal amount of KRW 100,000 shall be preserved by Gap (the defendant and C) (Article 3)" (Article 3) shall be paid the principal amount of KRW 45,500,000,000 to the agricultural bank account in the name of Eul pursuant to the above business agreement, and the above business was discontinued by the plaintiff and the defendant's manager's manager's fraud, and the plaintiff could be found to have received KRW 5,500,000,000 from the plaintiff's remaining investment contract.

B. The Plaintiff asserts that the amount of KRW 25 million transferred to the account in the name of a partner C on August 24, 2006 is an investment amount under the said business contract. Thus, according to the statement in the evidence No. 3, the Plaintiff’s transfer of KRW 25 million to the account in the name of a partner C on August 24, 2006 is recognized, but it is insufficient to recognize that the said fact alone is insufficient to recognize that the said KRW 25 million was paid as an investment amount under the said business contract, and there is no other evidence to prove otherwise.

2. Judgment on the defendant's defense, etc.

A. The defendant's defense is the defendant's defense that ① paid KRW 15 million to the plaintiff, ② The plaintiff paid KRW 2.5 million to the plaintiff, ② The defendant paid additional KRW 3 million to the plaintiff in addition to the plaintiff's 2.5 million to the plaintiff.

(b).

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