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(영문) 서울북부지방법원 2020.03.25 2018가합21269
약정금
Text

1. The plaintiff (appointed party)'s claim is all dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

Reasons

Basic Facts

A. On July 22, 2014, the deceased A (hereinafter referred to as “the deceased”) remitted KRW 20 million to the deposit account in the name of Defendant C, KRW 290 million on January 6, 2015, KRW 16 million on March 9, 2015, KRW 356 million on July 1, 2015, and KRW 356 million on July 1, 2015 (hereinafter referred to as “instant investment”).

B. On July 14, 2019, the Deceased died during the instant lawsuit, and the Appointor E, the deceased’s spouse, and the Plaintiff, the Appointor F, and G taken over the instant lawsuit.

【In the absence of dispute, the Plaintiff’s assertion as to the determination of the Plaintiff’s claim for selective claims No. 1 through 5, and the purport of the entire pleadings, around July 2014, as to the Plaintiff’s assertion that the Plaintiff would pay 8% of the investment amount to the Deceased as a profit if he/she made an investment to the Deceased. As a result, the Deceased’s remittance of the instant investment amount to Defendant C, and thereby, there was an investment agreement between the Deceased and the Defendants to pay the investment principal and the profit.

However, the Defendants did not pay the profits agreed upon under the said investment agreement, and around February 2018, the Deceased and the Defendants agreed to terminate the said investment agreement.

Therefore, the Defendants jointly have the duty to return the instant investment amount to the Plaintiff following the termination of the said investment agreement and to pay 50,000,000 won to the consolation money.

Judgment

First, in light of the following circumstances, it is insufficient to recognize that the evidence submitted by the Plaintiff was insufficient to acknowledge that the agreement was concluded between the deceased and the Defendants to pay their responsibility to the deceased and to redeem their invested principal, and there is no other evidence to acknowledge this otherwise.

1. Defendant D:

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