투자금반환
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Determination as to the cause of claim
A. On April 2012, the Plaintiff asserted that the Plaintiff invested KRW 78,000,000 while jointly establishing and operating the Defendant and children’s exclusive swimming pool D in Seoul Special Metropolitan City, Nowon-gu, Seoul.
On January 31, 2013, the Plaintiff withdrawn from the business relationship on the grounds of business difficulties.
When the management of the plaintiff is normalization, the defendant decided to return the plaintiff's investment money.
The defendant is obligated to pay to the plaintiff KRW 78,000,000 and damages for delay.
B. It is difficult to acknowledge that the Defendant returned the Plaintiff’s investment money only with the descriptions of the evidence Nos. 1 and 10-2, and there is no other evidence to prove otherwise.
Rather, according to the statement of the waiver of rights submitted by the Defendant (Evidence No. 5), the Plaintiff appears to waive the right to KRW 78,000,000 invested in the withdrawal of the partnership relationship.
2. The plaintiff's claim is dismissed.