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(영문) 서울중앙지방법원 2016.09.23 2015가단134779

정산금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. A. Around January 2011, the Plaintiff entered into a partnership agreement and invested in the partnership agreement with Nonparty C, D, and E (hereinafter collectively referred to as “Plaintiff, etc.”) and 42.5 million won per capita (However, E invested in KRW 17,000,000 in total in KRW 4,2510,000,000,000 per capita “F” (hereinafter referred to as “instant restaurant”); and invested in KRW 42,50,000,000 in total from February 7, 201 to April 13, 2011.

B. Around January 21, 2011, the Plaintiff, etc. leased 120 of the second basements of the Seoul Gangnam-gu Office under the name of the Defendant, the Plaintiff, etc. leased the instant restaurant under the name of the Defendant, and around March 3, 2011, after completing the business registration and business report of the instant restaurant under the name of the Defendant, the Plaintiff started to operate the instant restaurant in the leased building thereafter. (2) At the time of the instant club agreement, E, including the business operation of the instant restaurant, including the ice and accounting, was neglected, the Plaintiff operated the factory, D, the financing of funds, and C, the overall management with the business.

Accordingly, E, while responsible for and operating the restaurant of this case, employed Nonparty H, the triallight, as “store,” and left the main room and the store management of the restaurant of this case.

3) On December 301, 201, H acquired D’s share in the instant restaurant in KRW 35 million, and around May 2014, KRW 10 million, respectively. (c) After which the instant restaurant was closed down, the instant restaurant became unable to continue its business due to accumulation of the enemy due to continuous business depression. Ultimately, around June 30, 2015, the Plaintiff et al. terminated the instant restaurant’s business and discontinued its business on October 15, 2015.

2) Around July 2, 2015, E and H explained to the Plaintiff that all investments were incurred due to the Plaintiff’s presentation of the “F business closure settlement” document (Evidence 2), and the Plaintiff signed the said settlement document. [The Plaintiff signed the said settlement document. [The Plaintiff’s each number is a fact that there is no dispute, evidence Nos. 1, 2, 2, 2, 3, 5, 9, and 9.