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(영문) 서울중앙지방법원 2015.09.08 2014가단5346761

양수금

Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Determination as to the cause of claim

A. The plaintiff's assertion 1) C is one of joint business operators himself, D, E (hereinafter referred to as "foreign persons"), and "foreign persons"

On behalf of the Defendant on February 9, 2009, the Nonparty invested KRW 50 million between the Defendant and the Nonparty, and the Defendant’s investment of KRW 150,000,000 to change the name of the Defendant’s Fururel (hereinafter “G”) owned by the Defendant.

50 million won invested by the Nonparty in remodeling, and the Nonparty’s deposit for lease related to the Nonparty’s occupation and use of the instant franchise (hereinafter “the instant lease deposit”).

2) The agreement to be converted (hereinafter referred to as “instant agreement”)

(2) On January 19, 2010, the Plaintiff and the Nonparty agreed that the Plaintiff shall return the lease deposit amount to the Plaintiff on June 1, 2009, with the exception of KRW 150,000,000,000,000,000,000,000,000,000,000 won or more, were additionally required during the process of remodeling the instant apartment complex, and the Nonparty and the Defendant agreed that the Plaintiff shall return the deposit amount to the Nonparty on January 19, 2009. The Defendant and the Nonparty agreed that the Plaintiff shall return the deposit amount to the Nonparty on January 19, 2010, with the exception of KRW 1,50,000,000,000,000,000,000,000,000,000,000,000,000,00,000 won, which was paid to the Plaintiff, the transferee of the instant lease deposit.