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(영문) 춘천지방법원 2015.09.01 2014가단9536

투자금등반환

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On July 30, 2012, the Plaintiff entered into a joint business agreement with the Defendant on the business of supplying Category 3 of B to the upper spots (PX) in the military unit with the trade name “D” (hereinafter “instant partnership agreement”) and the main contents are as follows.

Article 1 Contents of the Sp pute Project] The contents of the joint project refers to the project that supplies the memorial booms (type 3 of booms, chrons, chrons, and booms) of auditors who may be used at the time of completing a new soldier’s disease in the National Armed Forces.

1) The unit above refers to the unit related to the E 4 support headquarters (Sacheon, nuclear power plant, nuclear power plant, nuclear power plant, nuclear power plant, nuclear power plant). The amount of investment in Article 4 Section 4, Section 4, Section 2, and Section 2 (Defendant);

hereinafter the same shall apply.

) and B (referring to the Plaintiff);

hereinafter the same shall apply.

A) Based on the minimum amount necessary for operating funds, the amount agreed upon by Gap and Eul (50:50) and the amount of investment as of July 2012 is KRW 23,400,000 (hereinafter “the instant investment”).

(a) The distribution of profits shall be commenced with the following criteria. A. The amount of profit shall be the amount excluding all costs out of the amount acquired through the sale activities, and the amount of "A" and "B" shall be distributed to 50:50. Where the contract is terminated or terminated, "A" shall promptly return the amount of investment and shares of "B" to "B" within 90 days from the date on which the cause thereof arises. (a) In the case of the cancellation of this contract, 1) When the principal expresses his wishes to do so, 2) When the contract is terminated by mutual agreement.

B. The Plaintiff invested 11,700,000 won, a half of the amount of investment at the time of concluding the instant partnership agreement.

C. Under the instant trade agreement, the Defendant purchased Brazil in KRW 770 per unit, and supplied KRW 1,500 per unit in the military.

On April 17, 2014, the Plaintiff unilaterally provides the Defendant with the passbook for the management of the instant trade contract.