logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원 2015.07.15 2014가단29065
대여금
Text

1. The plaintiff (Counterclaim defendant)'s main claim and the defendant (Counterclaim plaintiff)'s counterclaim are all dismissed.

2. The costs of lawsuit;

Reasons

1. Determination as to the main claim

A. The Plaintiff’s assertion (i.e., the Plaintiff’s assertion is a loan of KRW 40 million that the Plaintiff paid to the Defendant on September 23, 2011.

Since then, on April 20, 2012, upon the Defendant’s request, “Conditional investment agreement” was concluded to convert the said loan into investment money, but the Defendant did not establish a juristic person by May 31, 2012, which is the time limit for the establishment of a juristic person, thereby making the said investment agreement null and void due to non-performance of the terms and conditions or nonperformance of the Defendant’s contractual obligation. The said amount was originally returned to the original loan.

Even if the loan is not a loan, the Defendant promised to return the amount of KRW 40 million to the Plaintiff on May 30, 2014 and June 3, 2014. The Defendant is obligated to return the said amount as the agreed amount.

Luxembourg The Plaintiff asserted that the Defendant paid KRW 40 million on September 23, 201 with the amount invested in the patent technology owned by the Defendant and the business using such technology, and thus, the claim for return on the premise that the loan is a loan is without merit.

The defendant's drafting of a written confirmation on May 30, 2014 is limited to the condition that the plaintiff would not hold the defendant liable for civil and criminal liability, and thereafter the plaintiff refused to prepare a written agreement. The agreement in accordance with the written confirmation was invalidated by the service of content certification that contains the non-performance of conditions and the defendant's expression of intent of cancellation or cancellation on June 12, 2014.

In addition, the defendant's mentioning the return of the investment amount is limited to the condition that the plaintiff will fulfill the moral responsibility and restore the smooth relationship with the plaintiff, and the plaintiff will unilaterally return the investment amount, and there is no agreement that only the defendant will return the investment amount.

B. Determination of the Plaintiff paid KRW 40 million to the Defendant on September 23, 2011, and the original Defendant and Nonparty C, on April 20, 201, shall be subject to the same agreement as the attached Table, as the purpose of the authentication on April 20, 2012.

arrow