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(영문) 대전고등법원(청주) 2015.12.15 2015나10401
투자금 반환 청구
Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. The reasoning of the court of first instance’s acceptance of the judgment is as stated in the reasoning of the judgment of first instance, except where the judgment on the defendant’s assertion added in the court of first instance is added in paragraph (2). Thus, it is acceptable to accept it as it is in accordance with the main sentence of

2. Additional determination

A. The defendant's assertion that the defendant asserts that the claim of KRW 650,000,000,000 with respect to the "H pharmacy" located in Jcheon-gun, shall be offset by the amount on an equal basis with KRW 270,000,000,000 against the defendant of the building C related to the building of this case, which the plaintiff seeks by subrogation, as the automatic claim.

B. 1) According to the purport of the evidence Nos. 2 and 4 evidence Nos. 2 and 4, the Defendant invested in the “H pharmacy” located in Jcheon-gun through C. In this regard, the Defendant, on June 23, 2008, issued a certificate of borrowing that “C shall borrow KRW 400 million from the Defendant as of June 23, 2013,” and on June 2, 2009, K shall borrow interest of KRW 250 million from the Defendant at 24% per annum, and on June 23, 2013, as of June 23, 2013, the Defendant may seek the return of the above claim of KRW 650 million per annum, and there is no counter-proof evidence to deem that C had already been seeking the return of the claim of KRW 300,000,000,000,000,000 from the Defendant’s automatic bond No. 3606,36,203636.

3. Furthermore, April 23, 2015, stating the defendant's expression of offset.

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