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(영문) 전주지방법원군산지원 2017.12.14 2016가단54167
기타(금전)
Text

1. The Defendants are jointly and severally liable to the Plaintiff for 30,000,000 won and the period from July 30, 2016 to December 14, 2017.

Reasons

1. Case history

A. On February 2014, 4 Plaintiffs, Defendants, and D agreed to establish a coffee education center together (hereinafter referred to as the “instant agreement”); Defendant B, in the form of investment in machinery and equipment such as law-rating machinery; Defendant C, D, and Plaintiff et al., respectively, have invested KRW 30,000 in each of 30,000 and established a coffee education institute.

B. Under the instant trade agreement, “The request for the return of contributions shall be made within one month from the date when the investor requests the return of the contributions after the lapse of two years from the opening of the private teaching institute (one day of January 1, 2016) (two months prior to the request for return).”

The distribution of earnings was made to Defendant B by paying 30% of net earnings, 20% of net earnings to Defendant C, and 20% of net earnings to the Plaintiff, respectively, and only interest (10% per annum) to D.

However, if there is no act in the operation of a private teaching institute, it is determined that only the status of an investor shall be recognized, except in the distribution of profits through meetings, and only interest on the investment shall be paid by 10

C. After the instant trade agreement, the Defendants did not pay the Plaintiff earnings, and only paid 10% interest per annum on the investment from April 2014.

From January 2016, the Plaintiff demanded the Defendants to return the investment amount.

On July 18, 2016, the Plaintiff filed the instant lawsuit against the Defendants seeking the return of contribution, etc. on the ground that the contribution relationship was changed into a lending relationship. D.

In the course of the instant lawsuit, on July 2016, immediately before the instant lawsuit was brought, the Plaintiff added the grounds for the claim that the agreement was reached between the Plaintiff and the Defendants to return the contribution to the Plaintiff.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 3 (including each number in the case of additional number), the purport of the whole pleadings

2. Determination as to the cause of action

A. The Plaintiff entered into an agreement for the return of investment between the Plaintiff and the Defendants.

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