손해배상(기)
1. Revocation of the first instance judgment.
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
1. Facts premised upon the premise: (a) the Plaintiff and the Defendant established a business entity called “E” in the Republic of Korea in the Philippines in early 2011 to operate the said business as a partnership; (b) the Plaintiff paid the Defendant totaling KRW 60 million on January 24, 201, KRW 20 million, and KRW 20 million on March 30, 201, to the partner with respect to the said business.
② On December 1, 2011, the Plaintiff and the Defendant decided to conduct a partnership business using “F” as a local corporation of the Philippines (hereinafter referred to as “F”), which the Defendant had previously operated, and prepared a partnership business agreement with the Plaintiff and F (hereinafter referred to as “instant partnership business agreement”).
The instant agreement provides that the Plaintiff’s investment in KRW 80,00 in the Defendant and the Defendant shall deliver the Plaintiff’s share of KRW 10% to the Plaintiff. The Defendant decided to distribute the profits accrued from the share to the Plaintiff. The period of the instant agreement was set from May 1, 201 to April 30, 2021.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 8 (including virtual number), the purport of the whole pleadings
2. In around 2011, the Plaintiff’s assertion: (a) established a corporation “E” in the Republic of Korea in the Philippines; and (b) paid 60,000 won of business funds to the Defendant in accordance with the Defendant’s proposal; (c) the Defendant did not establish a local corporation that was promised and did not properly conduct the business; and (d) did not provide data on sales and profit-making and did not distribute profit-sharing; and (c) accordingly, the Plaintiff rescinded the partnership
Therefore, the defendant is obligated to return 60 million won to the plaintiff due to restitution or compensation for damages following cancellation, and to pay to the plaintiff at least 10 million won of expenses (in the Republic of Korea, expenses incurred in purchasing materials at its own expense) incurred by the plaintiff in belief that the contract would have been performed.
3. Determination
A. As to the assertion of restitution due to the cancellation of a partnership agreement, the partnership agreement, such as the partnership agreement.