(영문) 부산고등법원 2018.11.01 2017나57465

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(영문) 부산고등법원 2018.11.01 2017나57465

투자금 등 반환 청구의 소

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1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

1...

Reasons

1. The reasoning for the court’s explanation on this part of the facts is the same as that of the judgment of the court of first instance, and thus, this part is cited pursuant to the main sentence of Article 420 of the Civil Procedure Act.

2. Judgment as to the main claim

A. The gist of the Plaintiff’s assertion 1) The Plaintiff filed a claim for the return of the investment amount of KRW 300 million with the Defendant’s return of the investment amount repeated around July 2012, and the Defendants consented thereto. Therefore, the Defendants jointly and severally required to pay the Plaintiff the amount of KRW 300 million. (2) The Plaintiff is an employee who provided labor as a management director of the instant hospital operated by the Defendants from February 6, 2012 to July 31, 2016. The Plaintiff’s sales price of KRW 5 million as stated in the instant business agreement constitutes the Plaintiff’s salary. The Plaintiff did not receive KRW 150 million and retirement allowance of KRW 21,950,501 after his withdrawal.

Therefore, the Defendants should jointly and severally pay to the Plaintiff the total amount of KRW 126,950,501.

B. 1) Determination 1) It is insufficient to acknowledge that there was an agreement between the Plaintiff and the Defendants on the return of the investment amount of KRW 300 million solely by examining the claims for the return of the investment amount, and there is no other evidence to acknowledge that there was an agreement on the return of the investment amount of KRW 10 million. Accordingly, this part of the Plaintiff’s claim cannot be accepted. Accordingly, this court’s explanation on this part of the claim for unpaid wages and retirement allowance is identical to the corresponding part of the judgment of the court of first instance, except for the dismissal or addition of some of the corresponding parts of the judgment of the court of first instance (Article 3-b. of the 3-b. of the 6th class 7th class

The 6th page 13 parts are as follows:

After the 7th page 7 of "(7) of 193,50,000,000,000 per each of the above evidence and evidence Nos. 3, 4, and 20, and the overall purport of the arguments."

참조조문

-민사소송법 제420조

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