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(영문) 부산지방법원 2019.05.15 2018나40027
약정금
Text

1. The plaintiff's appeal and the plaintiff's claim selected by this court are all dismissed.

2. Filing an appeal;

Reasons

1. The plaintiff's assertion and judgment

A. From the end of 2014, the Plaintiff invested KRW 33 million in the title of the Defendant and the captain-gun C, operating a restaurant with “D” as a partnership business.

In 2015, the defendant agreed to terminate the business with a patrolman, and the defendant agreed to pay to the plaintiff KRW 33 million with the settlement of accounts.

Therefore, the plaintiff claims against the defendant for 33 million won (or 12 million won) and damages for delay as a settlement amount based on the same type of business.

B. (1) First of all, the determination whether a partnership agreement has been concluded between the Plaintiff and the Defendant, and furthermore, whether the Defendant agreed to pay to the Plaintiff KRW 33 million or KRW 12 million with the settlement amount, it is insufficient to acknowledge the agreement solely on the basis of the order to submit all the financial transaction information to E Co., Ltd., FF Cooperatives’s articles of association, G Cooperatives’ branch offices, and H, and there is no other evidence to acknowledge the agreement.

Therefore, this part of the plaintiff's assertion is without merit.

(2) Next, the Plaintiff asserts that, under the good faith principle, the Defendant is obligated to return KRW 12 million paid by the Plaintiff to the Plaintiff for the operation of “D”. However, there is no evidence to acknowledge the existence of a business agreement or a settlement agreement, and there is no ground to acknowledge the Defendant’s obligation to pay money in accordance with the good faith principle.

Therefore, the plaintiff's assertion on this part is without merit.

3. Conclusion, the plaintiff's claim of this case shall be dismissed as it is without merit.

The judgment of the court of first instance, which dismissed a claim based on the plaintiff's settlement agreement, is justifiable in conclusion.

The plaintiff's appeal and the claim selected by this court are all dismissed.

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