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(영문) 광주지방법원 2017.07.06 2016나4705

투자금반환 등

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1. Revocation of the first instance judgment.

2. The plaintiff (Counterclaim defendant)'s claim on the principal lawsuit is dismissed.

3.A petition filed by this court.

Reasons

1. Basic facts

A. The Defendant: (a) leased one floor among the three-story buildings above C and operated the clothing sales store (hereinafter “instant store”); (b) from May 2013, the Plaintiff was working at the instant store.

B. On October 30, 2014, the Plaintiff entered into an agreement with the Defendant to take over the instant store if the Plaintiff pays KRW 60,000,000 to the Defendant for the remaining amount of KRW 120,000 (30,000,000 for security deposit, KRW 30,000 for facility expenses, KRW 60,000 for inventory assets). The Plaintiff pays KRW 40,000 for the Defendant’s remaining amount of KRW 80,000 for 80,000 for the Defendant’s remaining amount of investment, until November 30, 2015, KRW 60,000 for 20,000 for 20,000 for 20,000 for 20,000,000 for 200,000 for 80,0000,000 for 30,000 for the Plaintiff’s remaining amount of inventory assets to the Defendant.

(hereinafter referred to as “instant agreement”). C.

Pursuant to the instant agreement, the Plaintiff remitted total of KRW 20,000,000 to the Defendant on November 17, 2014 and January 1, 2015, respectively, and KRW 40,000,000.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination on the main claim

A. On October 2014, the Plaintiff’s assertion made an investment in KRW 120,00,000, 1200,000, the Defendant’s investment in the instant store, at the Defendant’s proposal, by paying to the Defendant KRW 40,000,00, which is one-third of the investment in the instant store. The Plaintiff entered into a partnership agreement by having the Defendant conduct the instant store’s business and pay KRW 8,60,000, out of the proceeds obtained by deducting necessary expenses from the sales amount,

In accordance with the above business agreement, the Plaintiff transferred KRW 8,600,000 per month to the Defendant from November 2014 to February 2, 2015 when operating the instant store, and the Defendant unilaterally recovered the key of the said store management computer and the management passbook, etc. on May 1, 2015.