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(영문) 서울중앙지방법원 2018.06.21 2017가합582812
보증금 및 투자수익금반환 청구의 소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The following facts of recognition are not disputed between the parties or may be acknowledged by comprehensively taking account of the overall purport of the pleadings in Gap evidence Nos. 1, 2, and 3-1, 2, and 1.

The defendant operated a marina room in the name of "F" in the postnatal care center while operating the Gangnam-gu Seoul Metropolitan Government Co., Ltd. D (hereinafter referred to as "Co. E").

B. Around 2009, G, the Plaintiff’s attached, received investment request from the Defendant, and the Plaintiff entered into an equity investment agreement with the Defendant on June of the same year with G, and G paid KRW 200 million to the Defendant on the 26th of the same month.

(hereinafter referred to as “instant investment agreement”). [Agreement on Equity Investment] Article 2: B (Defendant) of the Parties to this Agreement is “A” and “B (Plaintiff)” is “B.”

Article III Contribution and Equity Holdings 1) In jointly operating a marina room in H P Postnatal Care Center and I Postnatal Care Center, the share of 20% shall be agreed to B among the share ratio of A, and 200 million won shall be the deposit of B as 200 million won, and B shall have the rights and obligations with respect to such share.

Article 4 (Operation of Marina Room) The operator of the Mina room shall settle the details of revenue and expenditure as of the last day of each month, and notify and pay the results to B by no later than the fifth day of the following month.

Article 5 The term of this Agreement shall be from June 26, 2009 to June 25, 2010.

C. The Defendant’s account of G to August 19, 200, KRW 8,240,000, and the same year

9.7.7.7,342,860 won; 9,794,063 won on June 6, 10 of the same year; 10,342,458 won on May 1, 11 of the same year; 5,090,029 won on July 5, 2010; 9,515,141 won on January 5, 2010; and 233,782,663 won on March 30, 2012.

On the other hand, the defendant's personal business chain's closure of the above F, with the purpose of using the J as the representative director for the mother-care fishery.

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