투자금반환
1. The Defendant (Counterclaim Plaintiff) paid KRW 7,500,000 to the Plaintiff (Counterclaim Defendant) and the amount from May 2, 2014 to January 22, 2015.
A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.
1. Facts of recognition;
A. On March 12, 2013, the Plaintiff and the Defendant respectively invested 22,50,000 won in each of them, and concluded a partnership agreement with the content that leases the first floor store of the building located in Gwangjin-gu Seoul Special Metropolitan City to 15,00,000 won as lease deposit and jointly operates the “D Licensed Real Estate Agent Office” (hereinafter “instant partnership agreement”).
Meanwhile, there is a provision that the instant trade contract will be terminated when one of the Plaintiff and the Defendant wishes to terminate the contract with a more than two months time due to the occurrence of a cause.
B. The sum of the above investment amounting to KRW 45 million (=2.5 million) was fully appropriated for lease deposit amounting to KRW 15 million, premium amounting to KRW 20 million, KRW 7 million for interior expenses, KRW 2.5 million for contributions on the Defendant’s website, and KRW 5 million for initial basic operation expenses.
C. On October 15, 2013, the Plaintiff demanded the Defendant to terminate the instant trade agreement upon reporting the closure of business, and on January 20, 2014, the Plaintiff again transferred his/her share to a third party by content-certified mail, and demanded the termination of the instant trade agreement.
The defendant is currently operating the above licensed real estate agent office alone.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Gap evidence No. 5-1 and 2, the purport of the whole pleadings
2. Determination
A. As to the claim on the main claim, the Plaintiff asserts that since the contract on the main claim of this case was terminated, it should be refunded 22.5 million won invested by the Plaintiff, and sought payment of the above 22.5 million won and damages for delay against the Defendant.
According to the facts of the recognition of the foregoing recognition, the instant agreement was terminated at the time of the lapse of two months from October 15, 2013, for which the Plaintiff demanded termination of the contract.
I would like to say.
In addition, according to the above evidence, the above licensed real estate agent office holds the right to refund the lease deposit amount of KRW 15 million at the time of termination of the contract.