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(영문) 인천지방법원 2016.04.28 2011가합20757
투자금 반환
Text

1. All claims filed by the Plaintiff (Counterclaim Defendant) and the counterclaim claims by the Defendant (Counterclaim Plaintiff) are dismissed.

2. Of the costs of lawsuit.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff and the Defendant entered into a partnership agreement between the Plaintiff and the Defendant 1) The Defendant established a Chinese corporation called Limited Corporation C, and took office as the representative director on November 12, 2001, and between the Chinese government and the Chinese government on November 12, 2001, “C” located in Seongbuk-gu, Seongbuk-gu, China (hereinafter “instant hotel”).

) and cafeteriaF (hereinafter referred to as “instant cafeteria”);

() A lease agreement was concluded between December 201 and December 30, 2012 to lease ancillary facilities, such as Lcarecare, Lcarecare, and Syeba, at the US rent of 85,000 US dollars, and to operate the hotel of this case. 2) Around August 2003, the Defendant made an oral agreement between the Plaintiff to operate the hotel of this case at 50% shares of each of the hotel and ancillary facilities, and the Defendant was invested KRW 480,000,000 from the Plaintiff until December 2013.

3) On February 10, 2004, the Defendant shall have the right to operate the instant hotel and its ancillary facilities (hereinafter “instant hotel operation right”).

(i) a partnership agreement with the content that shares and operating profits shall be 50:50 and that no transaction, individual lease, transfer, etc. shall be conducted without prior consultation between the Parties (hereinafter referred to as “instant partnership agreement”).

B) The Plaintiff concluded a contract. B. On January 1, 2004, the Defendant leased the instant restaurant to the Plaintiff, G, and H three persons for five years until December 31, 2008, the lease deposit amounting to KRW 50 million, monthly rent of KRW 20 million, and the instant restaurant to jointly operate the instant restaurant.

2) Three lessees of the instant restaurant hold 3.3% (i.e., 1/3) shares of each of the above restaurants, and the profits therefrom are paid by the management officer 40% and the remaining two persons 30%, and have to take charge of the management and operation once a year. 3) On the end of December 31, 2008, H agreed that the lease of the instant restaurant was terminated on December 31, 2008.

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