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(영문) 부산지방법원 2016.05.26 2015가단77430
투자금반환
Text

1. The Defendant: (a) KRW 60,301,666, respectively, and the Defendant’s 5% per annum from April 21, 2015 to May 26, 2016, respectively, to the Plaintiffs.

Reasons

1. The facts subsequent to the facts do not conflict between the parties, or can be acknowledged by comprehensively considering the overall purport of the pleadings in each entry in Gap evidence Nos. 1-4, and Eul evidence No. 1.

On June 17, 2012, the deceased Party entered into a contract with the Defendant to purchase the part of 331 square meters (100 square meters) out of 301 square meters (100 square meters) in total F. 301 square meters (hereinafter “instant land”) on June 17, 2012. On December 12, 2012, the deceased Party entered into a contract with the Defendant to purchase 33 square meters (10 square meters) of the instant land in addition to 17.5 million won (hereinafter “the instant price”). On December 13, 2012, the deceased Party paid the Defendant KRW 180,905,000 (hereinafter “the instant price”).

B. A died on December 31, 2015, and his/her heir is the Plaintiffs.

2. The assertion and judgment

A. The gist of the parties’ assertion (1) The Defendant agreed to return the instant price to A by April 20, 2015, and accordingly, the Plaintiffs, the heir of A, are liable to pay the instant price and delay damages.

(2) Although it is not known whether G, the representative of the Defendant Company, personally agreed to return the instant price to A, it is not the fact that the Defendant agreed to return the instant price to A.

B. (1) In full view of the purport of the written evidence No. 2 and the purport of the entire pleadings, the following facts are acknowledged: (a) on March 12, 2015, a director G, the representative of the Defendant Company, drafted a letter of commitment to return the instant price to A by April 20, 2015 (hereinafter “instant letter of commitment”); (b) on the part of the preparing person, stating that “E representative director G of the Company E” is indicated as “the name of the preparing person; and (c) affixing his seal on the name of the preparing person; and (d) under the business registration number, the rubber operator indicating the Defendant Company’s trade name, location, type of business, etc.

(2) According to the above facts, G is reasonable to deem that it has written the instant undertaking on behalf of the Defendant Company.

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