logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원고양지원 2016.07.13 2015가단84138
투자금반환
Text

1. The Defendant: (a) KRW 200,000,000 for the Plaintiff and 20% per annum from September 4, 2015 to September 30, 2015; and (b) the Plaintiff.

Reasons

1. The parties' assertion

A. On October 14, 2013, the Plaintiff kept KRW 200 million to the Defendant as the share participation amount of Co., Ltd. C and D on October 14, 2013. Not only did the U.S. patent or product withdrawal period agreed by the Defendant were not granted but also did not have been agreed on the specific method for share participation or used in the said amount as the share participation amount. Thus, the Defendant is obligated to return the said KRW 200 million to the Plaintiff.

B. The Defendant merely received a request from the Plaintiff for the delivery of the investment amount of KRW 200 million and delivered it to E, and there is no promise to return the investment amount to the Plaintiff. Thus, the Plaintiff’s claim of this case must be dismissed.

2. The key issue of the instant case is whether the subject of return of investment amounting to KRW 200 million paid by the Plaintiff to the Defendant is the Defendant E.

Therefore, in light of the following circumstances, it is reasonable to view that the Plaintiff is the Defendant to return the investment amount of KRW 200 million paid to the Defendant in consideration of each description of evidence Nos. 1 through 11 (including each number), and witness E’s witness E’s testimony, and the Plaintiff’s testimony is insufficient to reverse the recognition, and there is no other counter-proof.

Therefore, the plaintiff's above argument is reasonable, and the defendant's above argument is without merit.

who is the party to the contract is a matter of interpretation of the intention of the party involved.

The interpretation of a declaration of intention clearly establishes the objective meaning that the parties have given to the act of indicating it, and where the parties to a contract prepare in writing the contents of any contract, which is a disposal document, it shall not be bound by the phrase used in the document, but it shall be limited to the contents of the written statement, regardless of the internal intent of the parties.

arrow