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(영문) 서울북부지방법원 2014.08.12 2013가단15767

투자금반환 등

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by each person;

Reasons

1. Basic facts

A. On April 25, 2011, the Plaintiff and the Defendant jointly operate the convenience store (hereinafter “instant convenience store”) with 50% of their respective shares, and the representative prepared a partnership agreement with the content that the Defendant and the Defendant would make a decision on the operation of the convenience store by consultation (hereinafter “instant partnership agreement”). On the same day, the Plaintiff and the Defendant made a business registration under the trade name of “C” by making the Defendant a business operator.

(hereinafter, the plaintiff and the defendant's business entity "the partnership of this case") B.

On April 25, 2011, the Plaintiff and the Defendant entered into a franchise store agreement with a ASEAN Co., Ltd. (hereinafter referred to as “Korea Development Bank”) with the following contents.

The amount of subsidy paid by 65% per five years from the date of the opening of the term of contract, and 3% of the company's 35% of the total amount of monthly sales revenue / monthly 300,000 won per month (in the event that the amount is at least 1.2 million won of the average daily sales revenue, the amount of subsidy shall be paid) which is the same as the period of the support contract / the total amount of the subsidy of 9 million won / the amount of the subsidy paid by 9,000,000 won at the time of early termination of the franchise agreement after the payment of the settlement payment

Provided, That the term of the franchise agreement shall be automatically terminated if it expires.

C. The Plaintiff and the Defendant paid KRW 22,200,000 in the name of the Defendant to the Korea Development Bank on April 4, 2011 and KRW 3 million on May 5, 2011. The Plaintiff concluded a guarantee insurance contract under the name of the Plaintiff for the operation of convenience stores, and paid KRW 5 million to the Korea Development Bank on May 24, 201.

In order to operate the convenience store of this case on April 25, 201, the Plaintiff and the Defendant: (a) leased eight-dimensional stores on the left-hand side of the first floor of the land building owned by D in the name of the Plaintiff for a lease deposit of KRW 10 million; (b) monthly rent of KRW 1 million; and (c) from April 26, 201 to April 25, 2013.