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(영문) 대전지방법원 2018.05.24 2017나114854

투자금 등

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. The Plaintiff’s contract for the share of a charnel with the Defendant 1) The ownership transfer registration of a charnel consisting of land and buildings located in the H in the Geumsan-gun, Chungcheongnam-gun, Chungcheongnam-do, has been completed in the future, and the Defendant is operating the said charnel house (hereinafter “instant charnel”) while operating the “C-sale company.”

(2) Around October 6, 2011, the Defendant would pay the Plaintiff KRW 50,000,000,000,000, total amount of KRW 100,000,000,000,000, to the Plaintiff for sales of a charnel house. 5,000,000, KRW 1%,000 after one year, and KRW 20,000,00 after two years, and KRW 20,000,00 after three years.

(A) On October 6, 2011, the Defendant stated as above and agreed with the Plaintiff on October 6, 201, the Plaintiff, as a public relations director of the selling company C, shall acquire 2% of the “E-exclusive” shares of the selling company C, and the fixed amount of 1% of the said shares is KRW 50,000,000 (see, e.g., evidence 16).

A) The share agreement that the Defendant shall pay as dividends within three years (hereinafter “instant share agreement”) is called “instant share agreement.”

(4) Around that time, the Plaintiff paid KRW 10,00,000 to the Defendant the purchase price of KRW 2% of the above shares.

B. On October 24, 2011, the Plaintiff’s 12-1-125, B-127, B-131-135, B-137, and B-137, among the instant charnels, sold the Plaintiff’s membership cards to use 12 charnels (hereinafter “instant sales contract”). On October 24, 201, the Plaintiff paid 48,000,000 won to the Defendant on the same day.

(See Evidence A 2, 3). (c)

On January 10, 2012, the Plaintiff issued a written agreement to the Defendant, and the Plaintiff, who purchased 2% of the E-exclusive share of the instant charnel, would sell one set of a charnel house every month, and did not work at C.