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(영문) 서울고등법원 2016.03.11 2015나2040447
약정금
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The Defendant is a real business owner of “D” singing stores operated by franchises in 30 or more nationwide stores.

C In general, from May 2006 to April 201, 201, the Defendant’s employees have managed more than 10 borrowed accounts related to the Defendant’s business by comprehensively taking charge of the actual fund management, such as the management of the total revenue of the Defendant’s operation and the disbursement of expenses.

B. On November 16, 2009, with C’s recommendation, the Plaintiff drafted a joint investment agreement with the content that “D’s musical shop E” in Gangseo-gu Seoul Metropolitan Government (hereinafter “instant collective investment agreement”) shall recognize the Plaintiff’s investment share as 30%, and distribute profits according to the monthly investment ratio (in the event of a business failure, 5% per annum) on the condition that the investment principal can be recovered at the time when one year elapses after the agreement is reached.

C. Pursuant to the instant investment agreement, the Plaintiff remitted total of KRW 200,000,000,000 to the Nong Bank (Account Number: X) in the name of November 16, 2009, KRW 30,000,000 on November 17, 2009, KRW 15,000,000 on December 15, 2009, and KRW 200,000 on December 14, 2009.

After the instant investment agreement, the Plaintiff received profits from the investment amount, and did not receive them after October 2010. From January 201, the Plaintiff demanded C to return KRW 200,000,000 from January 201.

[Ground of recognition] Facts without dispute, Gap evidence 4, 7, 22, Gap evidence 6-1, 2, Eul evidence 1 to 4, Eul's testimony, and the purport of whole pleadings

2. Judgment as to the main claim

A. The summary of the Plaintiff’s assertion 1 concluded the instant investment agreement with C, the Defendant’s agent, and paid KRW 200,000,000 to the Defendant.

The Plaintiff was not paid earnings under the instant investment agreement from October 2010, and was the instant lawsuit.

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