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(영문) 대구고등법원 2019.06.14 2018나23651

동업자금반환

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1. The plaintiffs' appeal and the selective claims added by this court are all dismissed.

2. After an appeal is filed.

Reasons

1. Basic facts

A. Matters concerning the Plaintiffs and the Defendants are companies with the main purpose of aggregate extraction business, such as underwater aggregates and earth and rocks, and Plaintiff B is the representative director of the Plaintiff company.

Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd”) is a company whose main purpose is to conduct land aggregate extraction business, and Defendant D is the representative director of the Defendant Co., Ltd.

B. The Defendants were invested in KRW 300,000 and KRW 200,000 from the Plaintiff Company with respect to the business of purchasing and selling G sand. The Defendants, upon receiving investments from the Plaintiffs, prepared and issued a loan certificate stating that the Defendant Company borrowed KRW 300,000 from the Plaintiff Company on May 31, 2013. ② The Defendant Company drafted and issued a loan certificate stating that the Defendant Company borrowed KRW 300,000 from the Plaintiff Company on April 22, 2013, and KRW 30,000,000 and KRW 10,000,000,000 from the Plaintiff on May 3, 2013, and each of the Defendants settled the investment principal as KRW 250,500,000,000 to the Plaintiff Company and KRW 200,000,000 from June 19, 2013.

C. From June to September 2014, 2014, the Plaintiffs entered into a partnership agreement between the Plaintiffs and the Defendants, etc., and (i) around KRW 450 million in total of the investment principal of the Plaintiffs (Plaintiff Company: KRW 250,000,000,000,000,000) between the Defendants and the Defendants (hereinafter “instant project”) and the Defendant’s aggregate extraction project using dredging lines at the safe-dong site and Daecheon-do (YY).

(B) the agreement to operate a business with a view to re-investment in and allocation of profits from the business (hereinafter referred to as “instant agreement to operate the business”).

(2) Defendant D entered into an oral agreement on December 24, 2014, with the amount of KRW 150,500,000,000 among the dredging vessels owned by H (I; hereinafter “instant dredging vessels”).