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(영문) 서울고등법원 2019.01.10 2018나2055907
투자금(차용금)반환청구
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the judgment of the court of first instance concerning this case is as follows, and this case is cited by the main sentence of Article 420 of the Civil Procedure Act, since it is identical to the reasoning of the judgment of the court of first instance against the defendant,

(A) The fact-finding and judgment of the first instance court are reasonable even if all the allegations and evidence presented by the Plaintiff are examined. The “Defendant Company” as “joint Defendant of the first instance court,” and the “Defendant C” as “Defendant,” respectively, is amended.

Then, the part 7 of the judgment of the court of first instance states, “No reason exists for the plaintiff’s assertion.” Then, the plaintiff added “In relation to this, the defendant was promoted to the head of the headquarters in recent years while he was in charge of soliciting investors as an employee of the co-defendant of the court of first instance. Since the defendant and his family members invested in the co-defendant of the court of first instance and raise interest income therefrom, they are in an economic community relationship with the defendant, the defendant should be deemed to have made a guarantee in a quid pro quo relationship.” However, it is difficult to view that the defendant guaranteed the guarantee in a quid pro quo relationship, and there is no other evidence to acknowledge this otherwise, the plaintiff’s assertion cannot be accepted.”

2. Conclusion, the judgment of the court of first instance is justifiable, and the plaintiff's appeal is dismissed. It is so decided as per Disposition.

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