투자금반환청구등
1. Of the judgment of the court of first instance, the following payments are ordered with respect to the conjunctive claim against Defendant B.
1. Basic facts
A. Defendant C and D’s establishment (1) Defendant C and D are married couple, and the said Defendants (hereinafter the Defendants’ common names are referred to as “F” and “G” are operating the clothing store in the front of Seoul E, with the trade name “F” and “G”.
(2) In order to operate stores selling and selling products of the Japanese brand, “I” (hereinafter “the instant brand”) in Seoul H (hereinafter “the instant business”). On August 10, 2016, Defendant B Co., Ltd. (hereinafter “Defendant Co., Ltd.”) (hereinafter “Defendant Co., Ltd.”) established, and appointed each representative director and intra-company director.
(3) On August 12, 2016, Defendant Company entered into a franchise contract with a Japanese company holding the instant brand.
B. On December 12, 2016, the Plaintiff entered into the first contract between the Plaintiff and the Defendant couple on December 12, 2016, for the Plaintiff to bear 50% (350 million won) out of the cost of opening a store for the instant business, Defendant C transferred 50% of the share of the Defendant C to the Plaintiff and entered into a contract to operate the instant business.
The main contents are as follows. The date on which Article 2 A (Defendant C) transfers 50% of the shares of the Defendant Company to (Plaintiff) shall be December 16, 2016, and Article 2 (Defendant C) shall pay the acquisition price to A in full until the date on which the transfer of shares is completed: Provided, That the payment date may be determined under mutual agreement between A and B, provided that B shall be 350 million won with all the proceeds of 50% of the shares transferred to A. However, if all the legal procedures following the transfer of shares are not completed by the deadline, A and B may be extended by mutual agreement. The subject and scope of the transfer of shares in Article 3 shall be a structure, such as movable property for business use, telephone subscription right, building building construction (including interiors and office fixtures) provided for in Article 1.