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(영문) 인천지방법원 2018.06.01 2017가합59450

동업계약해지로인한 계약금반환

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1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Defendants, around May 15, 2007, shall operate the crowdfunding as a partnership business around May 2007, and around May 15, 2007, the Defendants leased the lease deposit amount of KRW 250 million, monthly rent of KRW 17.6 million, and the lease term of KRW 15 million from May 15, 2007 to May 14, 201 (hereinafter “instant lease agreement”).

(3) After completion of the Securities and Exchange Act, the Securities and Exchange Act (hereinafter “instant Securities and Exchange Act”)

(2) Around August 15, 2008, the Defendants transferred 10% of the shares in each of the above possession to J and K in each of the amount of KRW 80 million. From October 1, 2008 to J in each of the above possession shares, Defendant B and Defendant C had the share of KRW 30%.

3) As to the second floor of a N building around August 2008 between Defendant B and M who operates L, Defendant B entered into a contract for a business trip with respect to the O building and the PP Corporation’s annual conference on November 2008 with respect to each contract period from November 1, 2008 to December 31, 2009, and entered into the business trip land project (hereinafter “instant business trip land project”).

B) Around December 6, 2008, Defendant B entered into a partnership agreement with the Plaintiff with respect to the instant Party’s business and the project from a business trip site (hereinafter “instant partnership agreement”) with the Plaintiff on the following terms: (a) on the end of the contract, Defendant B entered into a partnership agreement with the Plaintiff on the basis of the agreement: (b) “The settlement of the balance within one month after the completion of the balance; and (c) the Plaintiff paid KRW 50 million to the Defendant B on the same day.

1. The amount of a trade agreement shall be five hundred million won;

(2) On December 6, 2008, the Plaintiff deposited the down payment of KRW 50 million to Defendant B, and the balance shall be deposited on December 12, 2008: Provided, That the down payment shall be extinguished at the time of default: Provided, That the Plaintiff deposit the down payment of KRW 40 million to Defendant B by April 30, 2009.

2. Of the total shares, 40% shall be applied to the Plaintiff.