투자금 반환
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On November 30, 2012, the Plaintiff and the Defendant concluded an investment contract with the following content:
(hereinafter “instant investment contract”). The Plaintiff and the Defendant, on December 2012, concluded an investment contract on the condition that the Plaintiff invested KRW 190,000,000 in an open-type B store (hereinafter “instant store”) and the Defendant received gains accruing from the Defendant’s operation of the instant store.
Article 1 (Purpose of Contract) The plaintiff and the defendant shall pay 190,000,000 won to the defendant in the store of this case, and receive the proceeds accruing from the defendant's operation of the store of this case.
Article 2 (Roles and Duties of Parties) (1) The roles and duties of Defendant.
1. The Defendant shall faithfully perform its contractual obligations between Emart Co., Ltd. (hereinafter “Emart”).
2. The right to operate the store of this case is to be operated by the defendant.
3. The Defendant shall provide the Plaintiff with data on monthly sales and profits and losses no later than the 15th day of the following month and pay the investment profits no later than the end of the following month.
(2) The roles and duties of the plaintiff shall be paid in the form of business income and business income tax.
1. The plaintiff shall pay 190,000,000 won to the defendant for investment.
Down payment - The intermediate payment of KRW 15,00,000 until November 30, 2012 - the remainder of KRW 85,000 until December 5, 2012, and KRW 85,000,000 until December 10, 2012 - the remainder of KRW 90,000 until December 10, 2012
2. The plaintiff shall cooperate to the maximum extent with the defendant's operation.
Article 3 (Subject Matters of Lease) - The first floor B underground in Seo-gu, Seoan-gu, Seoan-si, Seoan-si - The actual number of water: approximately 15 square meters (the contract period) (1) shall be dependent on the lease period between the defendant and Empt.
② The Plaintiff and the Defendant also terminate the investment contract when the lease contract between the Defendant and the Eart is terminated.
Article 5 (Distribution of Operating Profits) (1) The defendant shall pay the full amount of profits accruing from the operation of the store of this case to the plaintiff.
【Revenue” shall be the net turnover (additional tax from the total turnover).