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(영문) 대구지방법원 2021.01.13 2019가단145813
투자금반환 등
Text

The plaintiffs' claims against the defendants are dismissed in entirety.

The costs of lawsuit shall be borne by the plaintiffs.

Reasons

1. Basic facts

A. Defendant C leased Defendant D’s window store E in its own name and operated the restaurant “F” in its own name, and operated the restaurant “H” in the name of his father G, by leasing the Ethom store in his own name.

B. On October 20, 2015, the Plaintiffs received from Defendant C through Defendant D on October 20, 2015, Plaintiff A’s restaurant KRW 103,00,000, and Plaintiff B’s H restaurant KRW 80,000, respectively. By December 20, 2017, the Plaintiffs were entrusted with the entrusted operation of the above restaurant to “I” to which Defendant D belongs.

Each acquisition price was paid to Defendant D.

(c)

From February 2, 2016 to August 31, 2017, Defendant D transferred KRW 30,770,000 to Plaintiff A, and KRW 24,720,00 to Plaintiff B, respectively, as profits from the operation of each of the above restaurants.

(d)

The F restaurant was set up in E on September 18, 2017 on the grounds of poor management, and H restaurant was set up for the same reasons as around May 2018.

[Reasons for Recognition] Facts without dispute, Gap 1, 2, 4, and 5 evidence (including each number, if any) and the purport of the whole pleadings

2. The plaintiffs' assertion

A. The Defendants’ primary assertion entered into a contract with the Plaintiffs and agreed to transfer the names of the above restaurant operators to the end of the contract, and became unable to implement the retirement measures from E.

The Plaintiffs cancel the contract entered into with the Defendants by serving a duplicate of the instant complaint on the grounds of such nonperformance of obligation.

Therefore, the defendants are obligated to return the money they paid to the plaintiffs to their original state.

B. Preliminary Defendants, as to monthly income, the period of transfer and operation of a restaurant, etc., deceiving the Plaintiffs, and accordingly, the Plaintiffs led to a contract with the Defendants. Accordingly, the Plaintiffs are revoked by the delivery of a duplicate of the instant complaint.

Since the above contract was invalidated by cancellation, the Defendants are obligated to return the money received from the Plaintiff.

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