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(영문) 광주지방법원 2015.11.06 2015가합52352

부당이득금

Text

1. The plaintiff's primary claim and the conjunctive claim are all dismissed.

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

Reasons

1. Basic facts

A. On March 6, 2013, C entered into a regional preferential franchise agreement with D Co., Ltd. (hereinafter “D Korea”) on five member stores in the Gwangju metropolitan area (three first half of the year 2013 and two second half of the year 2013).

B. Based on the above regional preferential franchise agreement, C, E, Plaintiff, and Defendant (hereinafter referred to as “instant partners”) agreed to establish a legal entity and to operate the D franchise store business by contributing money together on March 19, 2013 (hereinafter “instant partnership agreement”) based on the said regional preferential franchise agreement.

C. On March 20, 2013, the instant partners established F Co., Ltd. for the purpose of franchise business, etc. on March 20, 2013, the total number of issued and outstanding shares was 5,000; the per share was 10,000 won; and the total amount of capital was 50,000,000 won.

C. The Defendant acquired 30% of each share (investment KRW 600 million), the Plaintiff, and 20% of each share of E (investment KRW 400 million). C, the Defendant, the Plaintiff, the Plaintiff as internal directors, G as outside directors, E as auditors, and C as representative directors.

From March 18, 2013 to July 10, 2013 under the instant business agreement, the Plaintiff contributed KRW 210 million to KRW 59,325,000 for C, KRW 45,500 for E, and KRW 18,00,00 for cash.

E. On March 26, 2013, the instant partners registered a corporation entity as the category of bread and brewing retail business with the name of F Company C as the representative of F Company C.

F. On June 1, 2013, F Co., Ltd. entered into a lease agreement with the Defendant and the Defendant with respect to the lease deposit amount of KRW 50 million, KRW 8 million, and the period from June 10, 2013 to June 9, 2016, with respect to the lease deposit amount of KRW 50 million, KRW 8 million,000,000 (excluding value-added tax), and the period from June 10, 2013 to June 9, 2016.

G. On June 18, 2013, the Plaintiff: (a) completed the business report and business registration for the name of the Plaintiff in the name of the instant store; and (b) started the business of Gwangju D1 on June 22, 2013.

(h) Gwangju D1 points are as follows: < Amended by Presidential Decree No. 2427, Dec. 1, 2013>