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(영문) 창원지방법원 2021.01.14 2019나63062

권리금 등 반환

Text

The plaintiff's appeal and the first and second preliminary claims added by this court are all dismissed.

after the filing of an appeal.

Reasons

1. Basic facts

A. In relation to the operation of the headquarters of “D” located in Jinju-si in around 2016 (hereinafter “instant headquarters”), the Plaintiff and C drafted an investment consultation that the Plaintiff and C make an equity investment of KRW 25 million each with each of the Plaintiff and E and C to operate it together.

B. On July 1, 2016, the Plaintiff remitted to C each of the instant main points KRW 10 million as the acquisition price, and KRW 13.5 million as of July 5, 2016.

(c)

C transferred each of the instant main points to the Defendant, who was operating the instant main points, KRW 5 million on July 1, 2016, and KRW 10 million on July 11, 2016, respectively, under the pretext of the acquisition price of the instant main points.

(d)

On January 26, 2017, a public prosecutor in charge of the branch office of the branch office of the branch office of the branch office of the branch office of the branch office of the branch office of the branch office of the branch office of the branch office of the branch office of the branch office of the branch office of the branch office of the branch office of the branch office of the branch office of the branch office of the branch office of the branch office of the branch office of the branch office of the

Of the facts charged, the parts related to the remittances under subsection (b) above are as follows:

Defendant

(C) On July 2016, 2016, at the early F Office, the victim (Plaintiff) was placed in the trade name, “D,” respectively, holding 50% shares of 50% by B and B, and operating as a trade partner.

B In order for B to sell the above 50% of the shares in KRW 30 million to another person, if B wishes to sell the shares in KRW 23,500,000,000,000,000,000,000,000,000,000,000,000 won,

The phrase “ makes a false statement.”

However, on December 2015, the Defendant had already sold the above main points to B and did not hold the said main points. At the time, B was planning to sell the entire share of the said main points in KRW 40 million, and thus, B could not acquire the said main points from B, and even if having received money from the injured party as the price for acquisition of shares, some of them did not intend to use the said main points as the price for acquisition of shares, but as operating expenses of the said main points.

The defendant belongs to this.