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(영문) 대구지방법원 2017.08.11 2015가합207970
손해배상(기)
Text

1. Defendant B’s KRW 550,000,000 as well as 5% per annum from January 14, 2015 to July 6, 2017 to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff and the Defendant B entered into a partnership agreement (1) around June 2014, Defendant B, at the time of Defendant B, was working as the head of Yong-Nam branch office in Yong-Nam.

From the Daegu Singu, the parties agreed to conduct a partnership business with the recommendation to make investment in the "E" store located in the D D Building located in the D Building, and paid a total of KRW 180,000,000 to the Defendant B, such as the table [3] set forth below.

(2) On August 2014, the Plaintiff consulted with Defendant B to convert franchises to F G stores (hereinafter “Class 1 business establishment”) and H stores (hereinafter “Class 2 business establishment”) in the partnership business with the above “E”, and decided to make an investment of KRW 550,00,000 [= KRW 250,000,000 (Investment for Type 1 business establishment)], Defendant B’s investment of KRW 100,000,000 (Investment for Type 1 business establishment) and KRW 100,000,000 (Investment for Type 1 business establishment).

(B) On July 15, 2014, the Plaintiff paid the total amount of KRW 150,000,000 to Defendant 1-1’s account transfer of KRW 1-1’s account transfer of KRW 120,00,000 from July 7, 2014 to Defendant 1-1’s account transfer of KRW 1-20,00,000 from July 24, 2014, as evidence related to the method of lump-sum payment (cost) payment (on July 15, 2014, Defendant 1-2’s account transfer of KRW 1-2,00,00,00 from KRW 1-1’s account transfer of KRW 0,00 to Defendant 1-2,00,000, Party 1-3’s cash transfer of KRW 20,000, Party 1-1-2,05, Party 201-5’s account transfer of KRW 50,2015.

(hereinafter referred to as the “instant investment”). (4) The Plaintiff and Defendant B drafted, on July 2015, a partnership agreement with respect to the instant trade agreement with the following contents:

Defendant B, the partner (G store) of the partnership business contract, and the Plaintiff’s partner (A)

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