(영문) 대전지방법원천안지원 2015.12.29 2015가단105687

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(영문) 대전지방법원천안지원 2015.12.29 2015가단105687

투자금반환 청구의 소

Text

1. The Defendant’s KRW 30,000,000 and the Plaintiff’s annual rate of KRW 5% from August 5, 2015 to December 29, 2015.

Reasons

1. Basic facts

A. On November 17, 2007, the Defendant leased the instant building from Non-School Co., Ltd., the owner of the instant building, 30 million won, monthly rent, and from November 17, 2007 to 120 months from November 17, 2007, in order to operate the funeral hall (hereinafter “instant funeral hall”).

B. On December 2007, the Plaintiff drafted a business agreement with the Defendant and the Defendant’s father E to jointly operate the instant funeral hall (hereinafter “instant business agreement”). The main contents of the instant business agreement are as follows.

1) Period: The investment obligation of the Plaintiff and the Defendant from December 27, 2007 to December 27, 2017: The total amount of investment shall be KRW 700 million, and the amount of the Plaintiff’s investment shall be KRW 300 million, and the remainder of KRW 250 million, excluding the amount of KRW 50 million already paid as the deposit for the lease of the funeral hall of this case, shall be invested in installments for five years from the date of the instant business agreement in one year from the date of the instant business agreement.

3) Distribution ratio: Defendant 47% and Plaintiff 53% 4): The Defendant is responsible for the overall operation of the funeral hall of this case, and the accounting and accounting affairs, and the employment of employees shall be determined by mutual consultation between the Plaintiff and the Defendant.

5 In order to clarify this contract, it shall be notarized by attaching a copy of the lease agreement on the funeral home of this case.

C. After December 12, 2007, the Plaintiff agreed to transfer F the right under the instant contract to F, and notified G and H of the intent to transfer the right as above on or around January 23, 2008. Around February 19, 2008, G and H agreed to transfer 50 million won out of the claim for return of the lease deposit of the instant funeral hall, which is the right under the instant contract, and 53% of the share under the instant contract, to the Defendant. Around that time, the Plaintiff notified the Defendant that he consented to the said transfer.

The defendant.

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