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(영문) 서울서부지방법원 2017.05.18 2016가단11809
투자금반환등
Text

1. The Defendant’s KRW 5,00,000 as well as the Plaintiff’s annual rate from June 24, 2015 to May 18, 2017.

Reasons

1. Basic facts

A. The Plaintiff, the Defendant, C, and D, from the beginning of May 2015, engaged in the restaurant business (hereinafter “instant restaurant business”) in the name of “F” at the place of business, with one of the buildings located in the Sinsung City E as its place of business, from around May 2015.

They agreed to perform all external activities necessary for the instant restaurant business under the name of the Plaintiff, such as business registration, concluding a business lease agreement, and opening a business account, etc., according to the said agreement, the Plaintiff entered into a business registration on April 17, 2015, concluding a business lease agreement on March 30, 2015, and opening a business account on April 3, 2015.

B. The Plaintiff and D have invested KRW 50,000,000 in each of the instant club businesses, and KRW 20,000,000 in each of them, and the Defendant invested KRW 110,000,000 in each of them.

On the other hand, D withdrawn from the Dong business of this case on June 8, 2015, and returned KRW 50,000,000,000, which was individually created by the Defendant.

C. On June 2015, the Plaintiff expressed to the Defendant and C the intent to withdraw from the instant partnership. Accordingly, the dispute occurred between the Plaintiff and the Defendant around June 23, 2015 when the Plaintiff and C discussed the procedures for change of the name, such as the registration of the business, lease agreement, and the business account of the instant restaurant. In this case, the Defendant, at the time of the Plaintiff’s hand, saw saw the Plaintiff’s saw, and saw the Plaintiff’s head and chest at the time of the Plaintiff’s saw the Plaintiff’s saw, and saw the Plaintiff’s head and chest, and accordingly, the Plaintiff suffered from gambling in need of approximately two weeks of treatment.

(hereinafter “instant injury case.” As to the instant injury case, the Seoul Northern District Court Decision 2015Da15523, supra, issued a summary order of KRW 2,00,000 as to the Defendant on December 15, 2015 due to the crime of bodily injury and special intimidation, and the said summary order was finalized on January 6, 2016.

The Plaintiff’s KRW 20,00,000 from C on June 27, 2015, and Nonparty G Defendant on June 29, 2015.

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