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(영문) 울산지방법원 2014.05.13 2013가단31556

출자금반환

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On July 4, 2012, the Plaintiff accepted facility costs and key money for the 28,000,000,000, Ulsan-gu D 2nd Esteis from Ulsan-gu, Ulsan-gu, Seoul, by designating the facility cost and key money for the same year.

8. Until 12.12. The above subscription price was fully paid.

B. On October 9, 2012, the Plaintiff concluded a lease agreement between the lessor F and the lessor F of the Esteteisian building for the term of lease until October 21, 2015, the lease deposit of KRW 15,000,000, and the rent of KRW 1,400,000 per month.

C. The Defendant received KRW 10,000,000 from private village G, and paid KRW 4,000,000 among them on November 2, 2012 to F as part of the lease deposit, and paid KRW 6,000,000 to the Plaintiff.

C Around November 16, 2012, the Plaintiff filed a lawsuit with the Ulsan District Court to pay the amount of KRW 4,600,000 to the Plaintiff.

E. On November 6, 2013, F notified the Plaintiff and the Defendant that the lease contract was terminated on the grounds that the monthly rent was unpaid.

[Ground of recognition] Facts without dispute, Gap evidence 2, 7, 8, 11, the purport of the whole pleadings

2. Determination

A. The Plaintiff asserted that the Plaintiff and the Defendant entered into a partnership agreement jointly operating Estedio, and that they would have 50% of the investment funds and 50% of the profits.

From July 14, 2012 to October 23, 2012, the Plaintiff spent KRW 32,469,200 in total for the purchase cost of lease deposit, Switzerland personnel expenses, and fixtures.

The defendant did not make an investment in the agreed amount and did not perform the partnership business agreement.

Therefore, the Plaintiff terminates the agreement to file the instant lawsuit with the Plaintiff and seeks the return of the Plaintiff’s investment money to its original state.

B. The fact that the Plaintiff and the Defendant entered into a partnership agreement that jointly operates the ESD is without dispute between the parties, and the Plaintiff acquired ESD from C in its name.

However, whether the Plaintiff and the Defendant entered into a partnership agreement with the content that they bear 50% of the investments, and the Plaintiff 32,469,200 won.