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(영문) 부산지방법원 2016.01.20 2015나4969
약정금반환
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. The reasoning of the court of first instance’s explanation concerning the instant case is as stated in the reasoning of the judgment of the court of first instance, except where the Defendants added the following judgments as to the matters alleged in the court of first instance. Therefore, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Additional matters to be determined;

A. The Defendants asserted to the effect that Defendant B was unable to comply with the Plaintiff’s claim since they did not actually receive KRW 50 million according to the instant agreement. However, according to the above facts of recognition, Defendant B received KRW 50 million by means of receiving the said KRW 50 million from Defendant B’s account, and Defendant B did not directly use the said money transferred to Defendant I’s account.

However, according to the agreement of this case and the agreement of this case, the defendants are obligated to return the above money, regardless of whether it is directly received or used. Thus, the defendants' above assertion cannot be accepted.

B. In addition, the defendants are co-defendants of the first instance court and the guarantor of the instant agreement, and there is no evidence to acknowledge the above amount of KRW 50 million. However, the defendants' above assertion cannot be accepted.

3. In conclusion, the judgment of the court of first instance is just, and the defendants' appeal is dismissed as it is without merit. It is so decided as per Disposition.

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