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(영문) 인천지방법원부천지원 2015.12.09 2015가합103561
투자금
Text

1. The Defendant’s KRW 704,00,000 and its related amount are 5% per annum from January 1, 2009 to September 21, 2015 to the Plaintiff.

Reasons

1. The parties' assertion

A. The plaintiff, upon receiving a written statement of performance (Evidence A2) from the defendant, agreed between the defendant and the defendant to return the plaintiff's investment amount of KRW 704,00,000 to December 2008, the defendant asserts that the defendant is liable to pay the above agreed amount to the plaintiff.

B. As to this, the defendant asserts to the effect that the plaintiff did not invest the above KRW 704,00,000 in the defendant, but directly invested in C according to the defendant's introduction, and that C made an interim effort to return the above investment amount to the plaintiff, in the sense that "the defendant would make an interim effort to enable C to return the above investment amount after receiving the above investment amount," the defendant did not have an obligation to return the above KRW 704,00,000 to the plaintiff.

2. The interpretation of an expression of intent to determine is clearly confirming the objective meaning that the parties have granted to the act of indicating, and where a written document is prepared between the parties as a disposal document, the objective meaning that the parties have given to the act of expressing intent shall be reasonably interpreted according to the contents written in the document, regardless of the parties’ inner intent, even though it is not bound by the phrase used in the document. In such a case, if the objective meaning of the text is clear, the existence and content of the expression of intent should be acknowledged, unless

(See Supreme Court Decision 2009Da92487 Decided May 13, 2010, etc.). In light of the aforementioned legal doctrine, if the purport of the entire pleadings is added to the health class, the evidence Nos. 1 and 2 as to the instant case, the Plaintiff paid KRW 704,00,000 to the Defendant from October 2006 to April 2007, the Plaintiff paid KRW 704,000 to the Defendant as investment deposit, and the Defendant guarantees a return on profit of 50% from around March 2007 to 203 months if he/she made an investment in the over-the-counter stocks.

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