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(영문) 울산지방법원 2016.11.11 2015가단28806
투자금 등 반환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On January 31, 2008, on the introduction of C, the Plaintiff invested KRW 12 million in relation to real estate development projects being promoted by the said company in Ulsan-gun E Forest Unit in Ulsan-gun.

B. In relation to the above investment, the Plaintiff was issued and delivered a written confirmation under the name of the Defendant (Evidence A No. 1-1, hereinafter “instant confirmation”) stating that “the Defendant is responsible for the error of KRW 12 million of the Plaintiff’s investment amount. The payment of interest on the said investment amount shall be made at the last day of each month.”

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 and 3, witness C's testimony, purport of whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion 1) The Defendant agreed to the effect that the Plaintiff is liable to compensate the Plaintiff for losses incurred by investing in the Defendant company through the instant confirmation document. 2) Even if the instant confirmation document was voluntarily prepared by C without a legitimate authority to act for the Defendant, C has the Defendant’s spouse’s right of representation and at the time he believed that the Plaintiff had a legitimate authority to act for the Defendant, and there was a justifiable reason for such belief, therefore, the Defendant shall be liable to the Plaintiff as set forth in the instant confirmation document in accordance with the legal doctrine of representation under Article 126 of the Civil Act.

3) Therefore, the Defendant is obligated to pay to the Plaintiff the sum of the principal and interest of KRW 12,00,000,000,000,000 as well as damages for delay. (B) Determination 1 is that the Defendant’s name and seal affixed to the Defendant’s name and seal affixed to the Defendant’s certificate No. 1-1 (written confirmation) of the Plaintiff’s assertion on the right representation is based on the Defendant’s seal imprint. However, according to the witness C’s testimony, C may recognize the fact that the Defendant’s seal imprint was affixed to the Defendant’s name next to the Defendant’s written confirmation.

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