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(영문) 울산지방법원 2018.01.10 2017가단62398
약정금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The parties' assertion

A. On August 27, 2002, the Plaintiff asserted that the Defendant agreed to guarantee the Plaintiff’s investment amounting to KRW 150 million, while entering into an investment agreement with the Plaintiff. Under the agreement, the Plaintiff invested KRW 150 million to the Defendant.

Therefore, the defendant is obligated to pay to the plaintiff the investment principal KRW 150 million and delay damages.

B. The defendant's assertion that he received 150 million won from the plaintiff on August 27, 2002, but did not agree to guarantee the principal of investment.

Even if the principal guarantee agreement is acknowledged, the Plaintiff’s claim for the return of the investment amount against the Defendant had already expired the ten-year prescription period from August 27, 2002, which was paid by the Plaintiff to the Defendant, and thus the extinctive prescription expired.

2. The evidence No. 2 of the judgment of the court below is insufficient to recognize that the defendant agreed to guarantee the plaintiff the investment principal of KRW 150 million, and there is no other evidence to acknowledge this otherwise.

Even if the principal guarantee agreement is acknowledged, the instant claim for the return of investment amount may be exercised on or after August 27, 2002, as a claim without setting a deadline. However, it is apparent that the Plaintiff’s lawsuit of this case was filed on August 1, 2017, which was ten years after the said lawsuit was filed.

Therefore, the claim for the refund of investment deposit of this case had already expired before the filing of the lawsuit of this case.

Therefore, the plaintiff's assertion is not accepted.

3. The plaintiff's claim for conclusion is dismissed as there is no reasonable ground.

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