선급금반환
1. The plaintiff's appeal is all dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. Basic facts
A. On August 31, 2012, the Plaintiff drafted a partnership agreement with E with the following content:
(hereinafter referred to as the “instant partnership agreement”). Daehan and the Plaintiff enter into the following contracts for the purpose of jointly distributing profits arising from the management of OO in the company:
Article 1 (Investment Obligations) The Plaintiff is obligated to make a contribution by providing part of the capital required for the operation of the OO Co., Ltd., and by allowing E to install all other facilities related to the COping.
Article 2 (A’s Existing Property) The facilities which the Plaintiff is currently making available for the said business shall be 50% of Sfinasian, and the value shall be 0 million won.
In addition, it is confirmed that the Warsaw 50 horse was evaluated as the plaintiff's property E and the plaintiff's property separately.
- Conceives below - If the project is carried out,
1. Method and amount of investment made by each partner - Deposit of 30 million won by August 31 ( deposit of 30,000 won to CE at the request of E) - deposit of 30,000 won in gold banks G by September 30 - deposit of 30,000 won by October 30
B. The Plaintiff’s name 2012 in accordance with the instant trade agreement
8. 31. 30,000,000 won, and the same year.
9. 24. 15,000,000 won, and 15,000,000 won on October 17, 17 of the same year, and 70,000,000 won on November 19, 19 of the same year, were remitted to the above corporate bank account under Defendant C.
C. On April 22, 2013, E drafted a notarial deed in a monetary loan agreement with H that borrowed KRW 45,000,000 from H on November 30, 2012.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1 and 2 (including branch numbers), the purport of the whole pleadings
2. The plaintiff's assertion and judgment
A. The Plaintiff’s assertion (1) The parties to the instant partnership agreement are Defendant B Co., Ltd. (hereinafter “Defendant Company”) other than the E indicated in the contract, and the Plaintiff is the instant partnership agreement.