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(영문) 대구지방법원 2020.09.11 2019가단112585
출자금반환
Text

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

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. On July 17, 2015, Defendant B completed the registration of initial ownership relating to the steel roof of the steel-frame structure in Daegu-gu D general steel structure and the second floor resting restaurants (hereinafter “instant coffee specialty”), and completed the registration of extension on July 17, 2018. On August 7, 2018, Defendant B completed the registration of ownership transfer based on the trust on August 6, 2018.

B. On June 25, 2017, the Plaintiff and the Defendants concluded a partnership agreement on the instant coffee specialty.

The above contract includes the following contents:

C. Article 2 (Investment) The Plaintiff and the Defendants shall contribute 50% to the facilities, equipment, and equipment invested in the instant coffee specialty store.

Article 3 (Distribution of Profits)

1. The plaintiff and the defendants distribute profits at the rate of 5:5.

2. The Plaintiff applies 4% of the total sales as incentives in its operation.

Provided, That this shall not apply when it is fit for the operation.

C. (1) The Plaintiff and the Defendants awarded a contract for the extension of the instant coffee store to F and G on the Plaintiff’s introduction. Defendant B paid the Plaintiff KRW 170 million out of the above construction cost without obtaining construction permission. (2) Upon receiving an order from the Daegu East-gu Office to suspend the construction, the said construction was delayed. On March 3, 2018, the Plaintiff received KRW 170 million from Defendant B for the construction cost of the instant coffee store. The Plaintiff completed the instant coffee store up to April 15, 2018, and completed the instant coffee store up to 150 million, and the Plaintiff should open the instant coffee store up to 300 million from the date the Plaintiff received the remainder of KRW 150 million from Defendant B to the date the Plaintiff received the remainder of KRW 150 million,000,000,000 from the payment of the remainder of the construction cost to KRW 150 million,00,000,000,000.

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