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(영문) 서울고등법원 2015.05.15 2014나46572
투자금반환
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. The reasons stated in this part of this Court are the same as the statement "1. Recognizing facts" in the judgment of the court of first instance, except for the following modifications or additions. Thus, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

The second 5 through 8 of the judgment of the court of first instance ("the facts recognized as 1.1.) shall be followed as follows:

A. On October 27, 2011, the Plaintiff and C agreed to exchange goods with “goods 2” as stated in the “Joint Investment Agreement” (hereinafter “Joint Investment Agreement”) owned by K after adding KRW 100 million invested by the Plaintiff to “goods 1 (G, H, E, and F land in Gangwon-gun), and C shall pay KRW 150 million,00,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00).

No. 21 of the second decision of the court of first instance shall be subject to the "No. 2, 2011" of the second decision of the court of first instance as "No. 3, 201."

“A part of the evidence No. 1” shall be added to the third party evidence of the judgment of the first instance.

2. The party's assertion and judgment

A. 1) A’s summary of the Plaintiff’s assertion is that C bears the obligation to pay KRW 150 million to the Plaintiff by April 30, 2012, in accordance with the aforementioned joint investment agreement concluded with the Plaintiff (hereinafter “instant joint investment agreement”).

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