logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2015.09.17 2015가단2769
매매대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Summary of the parties’ assertion

A. The Plaintiff: (a) the Plaintiff, with the trade name “D” in C, intends to acquire the total sales right of the electricity generator sold by the Korea Green D Co., Ltd. (hereinafter “SB”) in KRW 300 million; and (b) upon the Defendant’s request that the Plaintiff participate, the Plaintiff invested KRW 10 million in return for the share of KRW 10 out of the joint sales right of the electricity generator. Unlike the initial promise, the Plaintiff was unable to gather KRW 300 million necessary for the acquisition of the total sales right, and thus, did not participate in the acquisition of the total sales right, the Plaintiff cancelled the investment agreement and claimed for the return of KRW 10 million from the Defendant.

B. The Defendant: (a) received KRW 10 million from the Plaintiff; (b) it is not an investment bond against the Defendant; (c) however, the Defendant promised not to be liable for its return; and accordingly, (d) completed its return on September 20, 2012.

2. Determination

A. According to the purport of each of the statements and arguments and evidence Nos. 4-6, 8-10, 16 (including paper numbers; hereinafter the same shall apply), and Nos. 1, 2, and 4, the Plaintiff: (a) from around 2010 to the introduction of E pastors, performed the act of “C” in the position of “right holder; (b) the Plaintiff decided to invest KRW 10 million in order to acquire the Busan Total Real Estate Authority of the non-party company’s electrical power generation machine promoted in C upon F pastor’s recommendation; (c) the Plaintiff paid KRW 10 million in the account under the name of the Defendant on May 10, 201; and (d) the Defendant prepared a document stating that “In the case of a notarial deed, KRW 3 million shall be liable for KRW 1,000,000,000,0000,000 from the Defendant’s representative at the time of delivery; and (d) the Plaintiff paid KRW 1,6181,061,061.

arrow