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Reasons
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(영문) 서울중앙지방법원 2017.11.15 2015가단5384227
투자금 반환 등 청구
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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. A. Around August 2013, the Plaintiff agreed with C, the representative director of the Defendant, that the Plaintiff invested KRW 50,000 in the Defendant and entered the Defendant together with C to receive KRW 5,00,000 as wages, while working together with C, and received KRW 5,00,000 as wages, based on the Defendant’s sales that occurred during the work.

(hereinafter “instant agreement”). B.

Accordingly, on August 1, 2013, a new corporate account under the name of the Defendant (hereinafter “new account”) was opened. The Plaintiff transferred the amount of KRW 30 million on August 16, 2013, and KRW 50 million on October 2, 2013 to the new account (hereinafter “instant amount”). However, in the accounting process, KRW 25 million was treated as the share transfer price, and KRW 25 million was transferred to the Plaintiff. 5 million among the Defendant’s shares, KRW 5 million was transferred to the Plaintiff, which is a half of the Defendant’s shares), and thereafter, KRW 30 million was paid from the Defendant each month while engaging in planning business, and the Plaintiff received benefits from each of the Defendant.

C. On September 3, 2014, the Plaintiff retired from the Defendant and transferred all the Defendant’s shares to C on September 30, 2014. The Defendant’s employee in charge of the Defendant’s accounting, on February 3, 2015, arranged the details of profit and expenses of employee benefits, etc. incurred while the Plaintiff and C work together with the Plaintiff, and subsequently distributed KRW 120,221,543 to the Plaintiff that the Plaintiff would receive KRW 60,110,72 out of the net profit. After verifying the above mail, the Plaintiff requested the Plaintiff to deposit KRW 50,000 out of KRW 60,000 to the Plaintiff first.

The employee in charge must deposit KRW 48,350,00 (the amount after deducting 3.3% from KRW 50,000) to the Plaintiff on February 10, 2015 and settle the account again after the settlement of accounts in March.

‘Notice'. D.

After that, April 16, 2015 is in charge.

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