logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원평택지원 2015.12.18 2015가합832
투자금반환
Text

1. The plaintiff's primary claim and the conjunctive claim are all dismissed.

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

Reasons

1. Facts of recognition;

A. On January 30, 2008, the Plaintiff, the Defendants, and D (hereinafter “fourths including the Plaintiff”) concluded a partnership agreement with the following contents for the purpose of acquiring each real estate listed in the separate sheet (hereinafter “instant funeral hall”) and operating the funeral hall.

(hereinafter “this case’s trade agreement”). The four above four persons are to acquire the instant funeral hall by means of auction by investing in the amount of equal funds of four persons in the trade partner indicated B, C, D, A (resident registration number and address omitted) of the funeral hall’s trade partner under the agreement, and the name of ownership is to register the transfer of ownership in the name of two defendants for convenience, and to operate the E funeral hall under the following conditions:

C. Foods

1. The above four persons shall invest each KRW 500 million at the expense such as the purchase price of their own real estate and the transfer of ownership.

2. The funeral home operation shall be managed and operated by Defendant B as the representative; and

3. Interest on the amount of KRW 2.2 billion loaned from the Industrial Bank of Korea as security at the funeral home shall be paid from the revenue of the funeral home each month jointly with four persons, and the amount of deposit deposited each month with the appropriation fund for repayment of the above loan shall be set aside as the reserve fund for repayment.

4. The settlement of profits after deducting the above interest, reserves, personnel expenses, and taxes and public charges shall be made equally by four persons after the settlement of accounts on the basis of each month; and

5. If it is intended to liquidate a partnership with another person, all such persons shall be required to consent, no unilateral cancellation shall be made, and no transfer shall be made to another person without consultation.

Provided, That at the time of cancellation, the interest of the cancelled person shall be transferred in preference to other partners.

6. The Defendants shall implement the registration of the establishment of a neighboring mortgage with the investment amount in the name of D and A as the maximum debt amount with respect to the funeral hall of this case.

B. The plaintiff et al. 4 invested KRW 500 million in each of 50 million according to the instant trade agreement and borrowed KRW 2.2 billion in each of the instant funeral hall as security, and on February 29, 2008, the sale price of the instant funeral hall was KRW 3.78 billion in each of 3.7 billion in each of the instant funeral hall.

arrow