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(영문) 울산지방법원 2020.02.19 2019가합10916
기타(금전)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On February 201, the Plaintiff, upon receiving a proposal from the Defendant to operate an eco-friendly fertilizer plant project (hereinafter “instant project”), established D with the Defendant and his/her network C for the purpose of manufacturing organic fertilizers, etc.

B. Around May 201, the Defendant sold D Co., Ltd. and arranged the instant business.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 6, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff asserted that the Defendant agreed to guarantee the principal when investing in the instant business, and invested KRW 206,50,000 in the name of E and E, the wife of the Plaintiff, and thus, the Defendant is obligated to pay the Plaintiff the investment amount of KRW 206,50,000 and the delay damages therefrom.

B. According to the evidence Nos. 1, 2, and 4, the fact that KRW 206,50,000 has been deposited in the account in the name of the defendant, which appears to be his/her father in the name of E and E, the Plaintiff’s wife C, can be acknowledged.

However, in light of the opposing evidence submitted by the plaintiff, it is difficult to recognize that the above 206,50,000 won was paid to the defendant by the evidence submitted by the plaintiff, or that there was an agreement between the plaintiff and the defendant to guarantee the principal of investment as alleged by the plaintiff, and there is no other evidence to acknowledge it, and the above argument

3. In conclusion, the plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.

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