투자금반환
1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.
2. The Plaintiff (Counterclaim Defendant) is KRW 11,321,40,00 for the Defendant (Counterclaim Plaintiff).
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. The Plaintiff is a person who operated the Ekicco (hereinafter referred to as the “instant kicco”) on the second and second floor of Gwangju Northern-gu D and 2 jointly with the network C.
The plaintiff has registered the business of this case in his name and has been in charge of its operation.
On the other hand, on October 24, 2013, the Plaintiff transferred KRW 30 million to the net C.
(A) evidence of heading 2, 3.2
On September 16, 2013, the Defendant and Nonparty F indicated in the instant investment agreement that invested KRW 180,000,000 in the net C and the instant KIKO, and received KRW 9,000,000 per month revenue (hereinafter “instant investment agreement”), see subparagraph 3, the Defendant and Nonparty F indicated in the instant investment agreement as “the second floor of the building H in Gwangju-gu,” as the subject matter of investment, and around that time, paid KRW 15,00,000 to the lessor G branch of the network C and the instant KIKO building for KRW 15,00,000.
(1) through (5) of the evidence of heading 8 (1 to 5).
The Plaintiff and the deceased C did not pay the profits under the instant investment contract to the Defendant, etc.
On December 12, 2013, the Plaintiff and the Defendant entered into a general contract for business transfer of the instant KIKO.
(hereinafter referred to as “the first transfer contract of this case,” Eul evidence 6). The main contents of the transfer contract of this case are as follows.
The transferor: The transferee of the Plaintiff: the Plaintiff and the Defendant set forth in Article 3 (Transfer Assets and Record Date) of the Defendant’s transfer and acquisition of all rights at the same time as the contract was concluded on December 12, 2013.
Article 5 (Payment of Price for Transfer) Transfer and acquisition shall be included in all rights and, in principle, shall not change the following amount.
The purchase price: 160 million won: 160 million won is paid at the time of the contract and received at the time of the contract: The Plaintiff (the Plaintiff’s signature and seal is affixed) intermediate payment, and no balance: This contract takes effect at the same time as the contract is concluded on December 12, 2013.
All rights to the defendant shall be effective.