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(영문) 서울중앙지방법원 2017.02.10 2016가단48516

투자금반환

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The plaintiff and the defendant are in the same business relationship 1) the plaintiff and the defendant in Gangnam-gu Seoul at around 2005, 120-1 D real estate of the first floor in Gangnam-gu Seoul at around 2005 (hereinafter "D real estate").

)F real estate (hereinafter referred to as “F real estate”) No. 114 of the underground floor of Gangnam-gu and Seoul E-si.

(1) The agreement to operate the business jointly and to have one-half of its profits in one-half of them (hereinafter referred to as “instant partnership agreement”).

2) On November 10, 2007, the contract was concluded on January 21, 2008 with the Plaintiff’s deposit amount of KRW 50,000,000 (excluding premium), monthly rent of KRW 1,80,000 (excluding value-added tax) with the lessee as the lessee, and on January 21, 2008 with respect to F Real Estate, the lease contract was concluded with the Plaintiff as lessee with the lessee with the deposit amount of KRW 50,000,00 (excluding premium), monthly rent of KRW 3,200,000 (value-added tax separately), monthly rent of KRW 20,00 (value-added tax).

3) The sales revenue and expenditure of D real estate and F real estate are managed by the Defendant. The funds for D real estate are directly managed by the Defendant, and the funds for F real estate were transferred from G accounts in the name of the Plaintiff or F real estate, and the Plaintiff was settled and paid monthly income from the Plaintiff until March 201. B. On September 3, 2012, the Plaintiff and the Defendant agreed to terminate the instant club business and agreed to terminate the instant club business (hereinafter “instant agreement”).

(2) The Defendant: (a) organized D/F real estate and paid D/F real estate KRW 23 million to the Plaintiff; and (b) settled and pays F/D real estate KRW 55 million to the Plaintiff (Paragraph (1). The payment method: the Defendant shall pay the Plaintiff the remainder at the time of the remainder of the contract deposit deposit deposit deposited in D/C (real estate) and the Defendant shall pay F/C real estate until December 31, 2012 (Article 2). The Defendant shall adjust the F/C to the Plaintiff as of September 7, 2012, and manage it by the Defendant from September 7, 2012 to the time of the name of the right.