출자금반환
The plaintiff's appeal is dismissed.
Expenses for appeal shall be borne by the plaintiff.
Purport of claim and appeal
The judgment of the first instance.
1. On June 19, 2018, the Plaintiff and the Defendants agreed to enter into a partnership agreement on a business, such as a gift store, etc. for Chinese tourists (hereinafter “instant partnership agreement”) and to contribute to Defendant C’s contribution to KRW 1.4 million for the People’s Republic of Korea and KRW 30 million for the Plaintiff’s contribution.
(2) On June 20, 2018, the Plaintiff’s summary of the Plaintiff’s assertion received KRW 25 million from D in cash (in return, the Plaintiff’s wife E deposited 150,000 won in Chinese official bank account in the name of D), withdrawn KRW 5 million in cash from the Plaintiff’s new bank account in the Plaintiff’s name on June 25, 2018, and completed the implementation of the obligation to pay KRW 20,000,000 to the Plaintiff who is in charge of interior works on June 20, 2018; and ② on June 25, 2018, the Plaintiff paid KRW 10,000 and KRW 90,000,000,000 prepared by Defendant C in preparation for the Plaintiff to the lessor’s intermediate payment under the instant contract.
However, even though the Plaintiff fulfilled all of the investment obligations, the Defendants entirely excluded the Plaintiff from the partnership business.
In a case where one of the partners has invested an investment under an agreement and a partner who has been in a partnership immediately excluded from the partnership relationship and has been engaged in the original business by the rest of the partners, the partner who has performed the investment obligation can seek the return of his own investment as a result of the withdrawal. Thus, the Defendants are jointly and severally liable to return the said amount of KRW 30 million to the Plaintiff.
3. According to the reasoning of the evidence Nos. 9 through 11 and the entire pleadings, the Plaintiff’s wife E deposited 150,000 won in the People’s Bank account in the name of D on June 20, 2018 and received KRW 25,00,000 from D in cash.