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(영문) 대구지방법원 2015.11.13 2015가합200450
약정금
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The Plaintiffs, around March 2012, invested KRW 200 million in the purchase fund of medical equipment to doctors who leased part of the F six stories located in Daegu Northern-gu E and operated “G”.

B. The defendant is the mother of I who is the owner on the above F registry, and is in charge of the conclusion of a lease contract and the management of building.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Gap evidence Nos. 2 and 4, each of the statements Nos. 1 and 2, the purport of the whole pleadings

2. Determination on the cause of the claim

A. The plaintiffs asserted that "the defendant voluntarily withdrawn the criminal complaint against H by having the defendant liable for the return of H's investment funds to the plaintiffs, and thereafter, since the hospital was acquired from H to operate the hospital in the name of J, the plaintiff is obligated to return the investment funds instead of H as it actually operated the hospital under the name of J."

B. The evidence presented by the Plaintiff alone is insufficient to recognize that the Defendant promised to repay the H’s investment refund obligation instead of the H’s investment refund obligation, and there is no other evidence to prove this.

3. In conclusion, the plaintiffs' claim of this case is dismissed as it is without merit. It is so decided as per Disposition.

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