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(영문) 대구지방법원 2015.07.16 2014나22237
투자금반환
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. On March 2014, the Plaintiff made a joint investment between the Defendant and both parties, and leased the third floor of the Yeongdeungpo-gu Seoul Metropolitan Government building C, and jointly operated entertainment rooms at each place. However, the Plaintiff agreed to take charge of the duties of leasing entertainment rooms and entertainment machinery.

(hereinafter referred to as “instant trade agreement”). (b)

On March 31, 2014, the Defendant concluded a lease contract that leases 20,000,000 won for the lease deposit, and 2,500,000 won for the rent, and around June 2014, the lease contract that leases 70 households for the amusement machine (MTker) in the name of each Defendant for the lease contract that rents 9,00,000 won for the entertainment machine (MTker) in the name of each Defendant.

C. In accordance with the instant business agreement, the Plaintiff remitted total of KRW 19,800,000 to the Defendant from March 31, 2014 to June 16, 2014, including the transfer of KRW 4,000,000 to the Defendant.

However, around November 2013, the entertainment room in this case was already regulated by the operation of the illegal adult entertainment room, and it was not possible to obtain permission to operate the entertainment room until November 2014.

E. The Defendant, upon consultation with the lessor of the above building, leased the second floor of the above building and intended to operate the entertainment room. At that time, the Plaintiff expressed his intention to be omitted in the joint operation of the entertainment room while demanding the Defendant to return the investment amount.

F. After that, the Defendant operated the entertainment room solely on the second floor of the above building.

【In the absence of dispute over the grounds for recognition, entry of the evidence of subparagraphs 1-1 to 5, and 2 in the evidence of subparagraphs 5 and 5, and the purport of the whole pleadings

2. Determination as to the cause of action

(a) The partnership relationship, that is, one of the two parties, has invested in the partnership relationship, and immediately became a partnership relationship due to the conflict between the parties, and thereafter, the partnership relationship has been set aside entirely from the partnership relationship and the other union members have been set aside from the partnership relationship.

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