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(영문) 서울고등법원 2018.07.05 2017나2072899
투자금반환청구
Text

The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

purport.

Reasons

1. The reasoning of the judgment of the court of first instance cited in the instant case is as follows, and the reasoning of the judgment of the court of first instance cited in paragraph (2) is the same as the reasoning of the judgment of the court of first instance, except where the court adds a judgment to this court, thereby citing it in accordance with the main sentence of Article 420 of the Civil Procedure Act

Witness I shall be referred to as "Witness I" as "I of the first instance trial."

“(Defendant)” and “(Plaintiff)” shall be written by adding “(Defendant)” and “(Plaintiff)” respectively, to “(Defendant)” and “(Plaintiff)”, of the second half and third half of the judgment of the first instance.

The fifth and seventh parallel of the judgment of the court of first instance shall be "the first place of business" with "the first place of business".

The 8th instance judgment of the first instance court " December 31, 2013" shall be applied to " December 23, 2013."

The e-mail sent to H on March 18, 2012 in the first instance judgment of 8 pages 6, 7, 10 pages 2, 3, and 12 pages 6 shall be described respectively in the e-mail sent to H on March 21, 2014.

The 12th lower judgment of the first instance court and the 5th lower judgment "the first place of business" shall be applied to "the second place of business".

The 13th page of the judgment of the court of first instance shall be referred to as "goldwon" and the 8th page shall be used.

14 pages 14 of the judgment of the court of first instance shall be referred to as "after the end".

The April 12th of the judgment of the court of first instance shall be deleted "(40,000,000 won)".

The following shall be added to the 12th sentence below the 5th sentence of the first instance judgment.

“At the time H’s establishment of the No. 2 Investment Agreement (No. 641, 2014 by the notary public) on February 25, 2014, the Defendant stated that the lease agreement (No. 7 No. 7, lease deposit is KRW 111,260,000 in the Plaintiff at the second place of business of this case.

Although the plaintiff asserts that the decision of return should be made, the investment agreement of this case No. 2, which was notarized with the defendant, is not accompanied by any lease contract on the second place of business, and the plaintiff consistently from the investigation process of the criminal case against H.

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