투자금반환
1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.
2. The plaintiff (Counterclaim defendant) is about 25,000.
1. The following facts may be found either in dispute between the parties or in accordance with Gap evidence 3, Eul evidence 2, and evidence 3, with a comprehensive consideration of the purport of all pleadings:
On October 6, 2011, the Plaintiff established C Co., Ltd. (hereinafter “instant Company”) around October 201, with Defendant and Dong business to engage in wholesale and retail business of household goods, setting each share as 1/2.
(However, the Plaintiff and the Defendant owned 35% each of the shares of the instant company, D, E, and F respectively, 10%. (B)
The Plaintiff shared KRW 125,00,000 in the course of the establishment of the instant company.
C. On April 24, 2012, the Plaintiff decided to withdraw from the partnership relationship, and around April 24, 2012, along with the Defendant, written a payment note stating that “25,000,000 won out of the Plaintiff’s investment deposit of KRW 125,00,000 shall be paid immediately to the Plaintiff, and KRW 1,00,000 shall be paid by the Defendant until May 30, 2012, and KRW 35% of the Plaintiff’s share shall be transferred to the Defendant” (hereinafter “instant payment note”), and the Defendant paid KRW 25,00,000 to the Plaintiff.
Around August 2012, the Plaintiff and the Defendant drafted an agreement with the purport that “the Plaintiff and the Defendant shall have equal responsibilities and rights as partners, shall consult with each other on the main business of C Co., Ltd., and shall consult with each other in advance about the affairs to be shared (hereinafter “instant agreement”). Around September 7, 2012, the Plaintiff and the Defendant drafted an agreement with the purport that “The representative director of the instant company shall be up to December 31, 2012, and the Plaintiff shall recover 10% of the shares of G and E from January 1, 2013, and pay 10% each of the shares of H and I to H and I, and the Plaintiff and the Defendant shall support the entire business operator without conducting the sales business.” (hereinafter “instant agreement”).
2. The parties' assertion
A. On May 2012, the Plaintiff agreed to terminate the partnership with the Defendant and agreed to refund KRW 125,000,000 invested by the Plaintiff, whichever was 25,000.