beta
Text
1. All appeals by the Defendants are dismissed.
2. The costs of appeal are assessed against the Defendants.
Purport of claim and appeal
1.
Reasons
1. The reasoning of the court's explanation concerning this case is as follows: "E Co., Ltd. (Representative Director B, Defendant C, and Defendant C)" from No. 11 to No. 12 of the judgment of the court of first instance; "Y Co., Ltd. (hereinafter "E")" from "E Co., Ltd. (Representative Director B, Defendant C, and Defendant C")," from "Y Co., Ltd." in No. 18 of the same face of the same face of the same part, "Sale" in No. 19 of the same face of the same part as "Purchase and Sale", and "Sale" in No. 19 of the same part of the judgment of the court of first instance is as stated in the grounds of the judgment of the court of first instance, except for adding the following judgments, and this shall be cited as it is in accordance
2. Additional matters to be determined;
A. The Defendants, based on the same factual basis as the instant lawsuit, filed a lawsuit claiming the return of investment money against the Defendants (Seoul District Court 2013Gahap937, hereinafter “the previous lawsuit”), and withdrawn it, and again, filed a lawsuit against the Defendants seeking the payment of the settlement amount following the withdrawal from partnership relations. The Defendants asserted that the instant lawsuit was filed in breach of the good faith principle and thus, is unlawful.
On the other hand, it is difficult to view the subsequent lawsuit to constitute a violation of the good faith principle or an abuse of rights solely on the grounds that both parties to the previous and previous lawsuit are the same and their basic facts are identical in a lawsuit after the previous lawsuit was withdrawn. Furthermore, according to the overall purport of the statement and pleadings in the instant case, the Plaintiff filed the instant lawsuit while the previous lawsuit was pending, and then withdrawn the previous lawsuit after the previous lawsuit. The investment amount based on the agreement to return the funds invested by the Plaintiff to the Defendants pursuant to the joint project agreement in this case.