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1. The Plaintiff:
A. Defendant B’s KRW 61,478,00 and for this, KRW 5% per annum from July 1, 2016 to August 3, 2018.
Reasons
1. Claim against the defendant B
A. Facts of recognition 1) The Plaintiff is a company that brokers the FXM transaction with Defendant B’s introduction (hereinafter “Nonindicted company”).
(2) After December 30, 2015, the Plaintiff deposited KRW 61,478,000 in the name of Defendant B, a sum of KRW 11,00,000 on December 30, 2015, KRW 16,478,00 on January 4, 2016, and KRW 61,478,00 on February 17, 2016, into the head of the Tong in the name of Defendant B. (2) After requesting the Plaintiff to return the amount invested as above, the Defendant B prepared and delivered each of the following descriptions to the Plaintiff on April 20, 2016:
(hereinafter referred to as “each of the instant notes”).
B. The argument and judgment 1) The plaintiff asserts that the plaintiff is obligated to return the agreed amount under the letter of contract of this case to the plaintiff, since he prepared and ordered the letter of this case while he returned the investment amount.
As to this, Defendant B only delivered the investment money to the non-party company at the Plaintiff’s request, and does not have a position to return the investment money. In each of the instant cases, Defendant B prepared to the effect that he would immediately return the Plaintiff’s investment money to the non-party company, and Defendant B did not have a duty to return the Plaintiff’s investment money from the non-party company. Thus, Defendant B did not have a duty to return the agreed amount under each of the instant agreements.
B. The determination document shall be objectively interpreted as the expression of intent of the parties in accordance with the contents of the language stated in the document, unless there are special circumstances where the authenticity of the document is recognized. In cases where there are differences in the interpretation of the contract between the parties concerned and the interpretation of the parties expressed in the document is at issue, such an agreement shall be made.