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(영문) 인천지방법원 2017.11.15 2017가단14832
투자금반환
Text

1. The Defendant’s KRW 73,00,000 as well as the annual rate of KRW 5% from April 1, 2017 to May 8, 2017 to the Plaintiff.

Reasons

1. Comprehensively taking account of the overall purport of arguments as to the cause of the claim Gap's evidence Nos. 1 and 6 (including additional numbers), the plaintiff entered into a business partnership agreement with the defendant and C on December 15, 2016 to operate the restaurant at the rate of 33.3% equity (hereinafter "the business partnership agreement of this case"). ② The plaintiff paid KRW 73,00,000 to the partner C at that time. The plaintiff combined its investment with the investment money received from the defendant and used the investment money received from the defendant for the restaurant under the business partnership agreement of this case. ③ The operation of the restaurant under the business partnership of this case is in charge of the defendant, the defendant is responsible for the total amount of the investment amount of the partner, the settlement of accounts is settled on every 16th day, and the matters necessary for the decision of the partner was in accordance with the principle of majority vote, and the defendant did not disclose the agreement to the defendant and the defendant until every 2017.

According to the above facts, the instant agreement was terminated on March 27, 2017 according to the Plaintiff’s expression of intent to terminate the agreement on the grounds of the Defendant’s violation of the agreement on the partnership business. Since the Defendant is liable and guaranteed the Plaintiff’s full amount of the investment deposit, the Defendant is 15% per annum as prescribed by the Civil Act from April 1, 2017 to May 8, 2017, the delivery date of the copy of the complaint of this case, and from the next day to the date of full payment.

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