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(영문) 대전지방법원홍성지원 2019.01.17 2017가합855
투자금반환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. In addition to the contents of evidence Nos. 1 through 3, the facts that the Defendant recommended the Plaintiff to make an investment in money to establish an entertainment tavern, ② the Plaintiff remitted the amount of KRW 11,927 million on March 29, 2013 to the Defendant, and KRW 160,927 million on April 2, 2013, respectively, to the effect that the Plaintiff paid KRW 160,927 million in total.

2. Determination on the cause of the claim

A. The Plaintiff’s assertion, in addition to the above KRW 169.27 million, ordered C to pay the amount of KRW 80.73 million to the Defendant, and invested a total of KRW 250 million to the Defendant (i.e., KRW 169.27 million). The Defendant agreed to return the above amount of KRW 250 million to the Plaintiff. Thus, the Defendant is obliged to pay the Plaintiff the amount of KRW 250 million and delay damages.

B. In order to establish a judgment contract, the parties’ agreement is required to be reached, and such agreement should not be required with respect to all matters constituting the content of the contract in question, but there should be an agreement on the standards, methods, etc. which are specifically and specifically agreed upon or at least specific in the future with respect to the essential matters or important matters, and it is reasonable to deem that the contract has not been concluded unless there are special circumstances.

(see, e.g., Supreme Court Decision 2017Da242867, Oct. 26, 2017). According to the foregoing legal doctrine, the Defendant agreed to return the amount of KRW 250 million to the Plaintiff in this case.

According to the statement of evidence No. 4, ① the Defendant, on April 10, 2015, stated that “In the event that the Plaintiff is on a bridge, the punishment would be recognized.” The Defendant’s punishment would be transferred to the Plaintiff, and the Plaintiff’s answer to the Defendant on October 23, 2015 and unstable.”

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