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(영문) 서울고등법원 2018.12.18 2018나2014685
대여금
Text

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

2. After an appeal is filed.

Reasons

1. The reasoning of the judgment of this court citing the judgment of the court of first instance is the same as that of the judgment of the court of first instance, except where the plaintiff added the judgment of the conjunctive claim added by this court to the following 2.

2. Determination on the conjunctive claim

A. On May 21, 2014, the Plaintiff’s assertion is one of the parties to a contract for acquisition of shares and management rights entered into with D and one other (hereinafter “instant contract”) and one of the parties to the contract. On June 20, 2014, the Plaintiff paid KRW 600 million to the Defendant under the instant contract.

Since D and the Plaintiff, the assignee of the instant contract, did not pay the acquisition price properly, the Defendant sold the shares of the C Co., Ltd. which are the object of the instant contract to D and the Plaintiff, the Defendant eventually rescinded the instant contract.

Therefore, the Defendant is obligated to return to the Plaintiff KRW 600 million and damages for delay following the rescission of the instant contract.

B. Even if the evidence submitted by the Plaintiff to the court of first instance and the record of No. 8 was presented at the court of first instance, it is insufficient to recognize that one of the assignee of the contract of this case is the Plaintiff or the Plaintiff concluded the contract of this case with the Defendant, and there is no other evidence to acknowledge otherwise.

Therefore, the plaintiff's claim for restitution based on the premise that the plaintiff is one of the assignee of the contract of this case or the contracting parties of this case is without merit.

3. The plaintiff's primary claim must be dismissed for lack of reasonable grounds.

The judgment of the court of first instance against the primary claim is justifiable, and the plaintiff's appeal is dismissed as it is without merit.

The plaintiff's conjunctive claim added by this court is also dismissed for lack of reason.

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