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(영문) 수원지방법원안산지원 2016.02.26 2015가단1673
손해배상(기)
Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The Defendants have operated two additional stores with the trade name “H” on the 1st floor of the building located in Ansan-gu, Ansan-gu G (Hsan-si).

B. On May 14, 2014, Plaintiff A and the Defendants invested each of KRW 35,00,000, and the Defendants agreed to open and operate the H An An An An Anacle on the first floor of the building located in the Gu I and distribute the profits by operating it (Provided, That the same agreement was made in the name of Defendant E), and the Plaintiff paid KRW 37,50,000 in total to the Defendants during the period from May 9, 2014 to May 31, 2014.

C. On June 5, 2014, Plaintiff A and the Defendants agreed to the instant agreement on the operation of the H Anyang Trauma, starting up and operating the H H Anuma, around October 2014.

On October 28, 2014, the Defendants agreed to return Plaintiff A’s investment amount of KRW 37,500,000 to Plaintiff A, and Defendant E prepared and delivered to Plaintiff A a certificate of KRW 37,500,000.

Plaintiff

A brought a lawsuit against Defendant E seeking a loan of KRW 37,500,000 based on the above loan certificate as the Suwon District Court Annyang Branch 2014Ga22732, and the court rendered a judgment on February 12, 2015 that “Defendant E shall pay Plaintiff A KRW 37,500,000 and its delay damages.” The above judgment became final and conclusive around that time.

Since then, Defendant E paid all the money that Defendant E ordered payment to Plaintiff A in the above judgment.

E. Plaintiff B, the wife of Plaintiff A, agreed to open a shop by taking charge of various preparatory work, such as the purchase and installation of double-production machinery, and interior works, when Plaintiff B paid the opening cost of H H shop with the Defendants.

Accordingly, the plaintiff B paid the defendants the operating expenses and the defendants completed the preparation work of various types of operations.

After completion of preparatory work for opening, Plaintiff B around August 27, 2014.

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