(영문) 대구지방법원 2015.08.11 2014가단56673

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(영문) 대구지방법원 2015.08.11 2014가단56673

투자금반환

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1. The plaintiff's claim is dismissed.

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

Reasons

1. The Plaintiff’s assertion and the Defendant paid KRW 178 million to the Plaintiff on August 2012. However, the Defendant purchased KRW 133,500,000 per share of KRW 890,000,000 per share of the Plaintiff’s shares against the Defendant and decided to pay the remainder of KRW 4,50,000 in cash.

(F) The Defendant, unlike the promise, is obligated to pay in cash the amount of KRW 44.5 million, which is not paid in cash. Thus, the Defendant is obligated to pay the amount of such an agreement.

2. As to who is a party to a contract in cases where an actor who executes a judgment contract was engaged in a juristic act in the name of another person, the parties to the contract shall first determine the offender or the title holder as the party to the contract in accordance with the consent of the actor, if the actor and the other party agree with each other; and if the other party fail to agree with each other, based on the specific circumstances before and after the conclusion of the contract, such as the nature, content, purpose, and circumstance of the contract, etc., if a reasonable person exists, the party shall be determined in accordance

(2) According to the reasoning of the judgment below, the court below erred by misapprehending the legal principles as to the establishment of the contract of this case, and by misapprehending the legal principles as to the establishment of the contract of this case, it did not err by misapprehending the legal principles as to the establishment of the contract of this case. The court below did not err by misapprehending the legal principles as to the establishment of the contract of this case. The court below did not err by misapprehending the legal principles as to the establishment of the contract of this case. The court below did not err by misapprehending the legal principles as to the establishment of the contract of this case. The court below did not err by misapprehending the legal principles as to the establishment of the contract of this case.

참조판례

-대법원 1998. 3. 13. 선고 97다22089 판결

유사 판례

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