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(영문) 대구지방법원 서부지원 2021.01.12 2020가단58073
약정금
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

On June 8, 2011, the plaintiffs asserted that they paid a total of KRW 50 million to the defendant on June 8, 201, upon the defendant's request that funds necessary to create an organic relationship with relevant public officials and enterprises in relation to the project (E) promoted by the head of D head, and at the time the defendant was under criminal trial.

D The head of the Gun decided to pay the above money as investment if the head of the Gun maintains the head of the Gun's office as a result of the judgment, and immediately return the above money to the plaintiffs if he loses the head

In this regard, the head of D head of the Gun decided the invalidation of the election on July 2011, and lost military posts. The Defendant agreed to return the said money to the Plaintiffs by the end of October 2011, around August 2011.

Therefore, the defendant is obligated to pay each amount entered in the purport of the claim and the delayed damages to the plaintiffs.

Judgment

According to each of the evidence No. 2, No. 2, and No. 1 through 3, the amount of remittance of this case appears to have been remitted from the bank account in the name of F Co., Ltd. at the time when the plaintiffs were executives to G account in the name of G Co., Ltd. which was a director. However, the evidence submitted by the plaintiffs alone is that the plaintiffs directly have the right to claim the return of the above amount of remittance, or that the defendant agreed to return the above amount

There is insufficient evidence to acknowledge it, and there is no other evidence to acknowledge it.

Therefore, the plaintiffs' assertion is without merit.

In conclusion, the plaintiffs' claims against the defendant are dismissed as it is without merit. It is so decided as per Disposition.

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