투자금반환등
1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid below shall be revoked.
1. Facts of recognition;
A. 1) Before the Plaintiff and the Defendant engaged in the same business, the Defendant had operated G (Yland World Co., Ltd.)’s garment store and H (Seoul Co., Ltd.)’s garment store within Tong-si. 2) On January 1, 2005, the Plaintiff and the Defendant concluded a partnership agreement with the content that the Plaintiff and the Defendant would operate three clothing stores together (hereinafter “instant store”).
According to the instant business agreement, the G garment Burial and H garment Burial, which had been operated under the name of the Defendant in the previous location, was to move to the instant store, and to establish an additional I garment Burial in the name of the Defendant.
3) Under the instant trade agreement, the Defendant is the owner of the instant store on January 21, 2005, and the interesting life insurance company (hereinafter “interesting life insurance”) as the owner of the instant store.
B) The term of the instant lease agreement between the interested State life insurance and the agreed to lease the instant store by setting the lease deposit amount of KRW 230,000,000, monthly rent of KRW 2292,00,000, and the term of the lease from January 21, 2005 to January 31, 2007 (hereinafter “instant lease agreement”).
(2) In the case of the instant store, the Defendant’s chonsegwon (hereinafter “right to lease on a deposit basis”) with the Changwon District Court Heading the Changwon District Court: (a) the deposit amount of KRW 230,000,000; (b) the duration from January 21, 2005 to January 31, 2007; (c) the return period from January 31, 2007; (d) the return period of January 31, 2007; and (e) the Defendant’s chonsegwon (hereinafter “right to lease on a deposit basis”).
(4) On February 3, 2005, the Plaintiff and the Defendant obtained a loan of KRW 115,000,000 in the name of the Defendant from the New Young Saemaeul Saemaul under the name of the Defendant (hereinafter “instant loan”).
In addition, on February 3, 2005, the defendant completed the registration of establishment of the right to lease on a deposit basis of this case on the basis of the maximum debt amount of 230,000,000 won, and the debtor, the defendant, the mortgagee of the right to collateral security, and the right to collateral
5. The defendant.