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Reasons
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(영문) 서울남부지방법원 2020.05.28 2018가단216388
약정금
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1. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) KRW 13,428,571, and KRW 5,371,428 to the Plaintiff-Counterclaim Defendant A and KRW 5,371,428.

Reasons

1. Facts of recognition;

A. On February 22, 2016, Plaintiff B, Defendant, and D agreed to operate “G” restaurant in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, and F.

The defendant and D agreed to invest 250,000,000 won in each of the 250,000 won in the plaintiff B, and the profits and losses of 200,000,000 won in the value of investment.

In addition, the defendant handled the store management business and notified the plaintiff B and D of the daily sales details, and agreed to compensate the defendant for all damages and mental consolation money if there is any false or omission in the matters.

(hereinafter “instant joint investment contract”). The Plaintiff B, the Defendant, and D completed the investment under the instant joint investment contract. On September 1, 2016, Plaintiff B withdrawn the investment of KRW 100,000,000, and instead, the Defendant invested KRW 100,000 more.

On the other hand, on May 30, 2016, Plaintiff A acquired shares under the above joint investment contract from D.

Accordingly, plaintiffs B 2/14, plaintiffs A 5/14, and the defendant 7/14 share.

B. The Plaintiffs and the Defendant began to operate “G” from June 2016.

The Defendant notified the Plaintiff B of the details of sales and the details of expenses pursuant to the instant joint investment agreement, and the Plaintiff B notified the Defendant of the profits and losses to be distributed monthly based on the data, etc.

Accordingly, by February 2017, the Defendant paid KRW 30,843,172 to Plaintiff A and KRW 15,235,288 to Plaintiff B, respectively, as listed in the following table:

. The amount of Plaintiff B. 1. June 2016: 6,02, 707 4, 802, 166 July 13, 2016; 2. 3. The aggregate of the amounts of Plaintiff B. 1. 3. 3. 6, 2016; 4. 1. 3. 6, 207, 2000; 4. 1. 3. 4, 207; 4. 1. 6, 207; 4. 3. 1. 4, 207; 4. 5, 200; 4. 1. 3. 4, 206; 4. 3. 3. 2, 2016; 4. 3. 3. 5, 2016; 1. 4. 3. 5, 2016

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