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Reasons
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(영문) 울산지방법원 2015.01.06 2014가단20782
약정금
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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. A. Around July 2012, the Plaintiff agreed to jointly carry on the instant singing business (hereinafter “instant singinging business”) with C and Ulsan-gu D 1st Emsing business (hereinafter “instant singing business”) (The Plaintiff’s share = 4:6 of the C’s share: hereinafter “instant singing business agreement”) and completed the Plaintiff’s business registration in the name of C.

B. On January 2, 2014, the Defendant acquired C’s shares in the instant trade agreement, and transferred business registration under the name of the Defendant.

[Ground of recognition] Facts without dispute, purport of whole pleading

2. Assertion and determination

A. (1) The Plaintiff invested KRW 47,600,000 in the instant singing business.

Around February 2014, the Defendant promised to run the instant singing-sing business independently, and return the Plaintiff the amount of KRW 47,600,000 to the Plaintiff. The instant agreement was concluded upon.

As the Plaintiff terminates the instant partnership agreement by serving a preparatory document dated November 19, 2014, the Defendant shall return the liquidation amount of KRW 47,600,000 to the Plaintiff.

Shed Defendant’s investment funds are merely equivalent to KRW 35,00,000.

The Defendant did not terminate the instant partnership agreement on the condition that the Plaintiff return KRW 47,600,000 to the Plaintiff.

B. Each of the records in Gap evidence Nos. 1 and 2-1 and 2, the Defendant promised to terminate the instant partnership agreement and return the investment amount of KRW 47,60,000 to the Plaintiff.

In addition, there is insufficient evidence to acknowledge that the liquidation amount to be returned to the Plaintiff is KRW 47,600,000 as a result of the termination of the instant partnership agreement, and there is no other evidence.

Therefore, the plaintiff's assertion is without merit.

3. The plaintiff's claim for conclusion is dismissed as there is no reasonable ground.

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