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(영문) 서울서부지방법원 2019.12.11 2018가합32630
투자금 반환 등 청구의 소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff decided to make an investment in the biff, D (hereinafter referred to as “D”) operated by the Defendant in Mapo-gu Seoul, to make an investment in the instant restaurant, and paid KRW 300,00,000,000 on March 26, 2014, and KRW 30,000 on April 10, 2014, and KRW 30,000,000 on May 2, 2014, and KRW 140,000,000 on June 3, 2014 to the Defendant.

(hereinafter referred to as "investment in this case"). A (referring to the defendant) and B (referring to the plaintiff) shall enter into the same business contract in Mapo-gu 1st floor as follows in commencing a general restaurant business:

Details of partnership business

1. A and B shall be engaged in a joint project from June 30, 2014, and the name of the project shall be determined D and the representative shall be Party A.

2.The shares in the Joint Project shall be 65 per cent and 35 per cent, and all profits and expenses shall be distributed in proportion to their shares.

3.A and B shall share the lease deposit for the said establishment in accordance with the share ratio in Article 2 and shall additionally invest in accordance with their respective equity ratios, if additional funds are needed for the commencement of the operation.

4.The contents of the D Operation shall be decided and enforced in consultation with each other.

5. Other matters shall be governed by commercial practices.

6.No one copy shall be kept in custody to demonstrate the facts of the above agreement.

B. On June 24, 2014, the Plaintiff and the Defendant drafted a partnership agreement with the following contents (hereinafter “instant partnership agreement”), and the name of the proprietor of the instant restaurant changed to the original Defendant to the joint proprietor of the business.

C. Around April 2014, the Defendant: (a) newly constructed the instant restaurant’s interior; and (b) continuously operated the instant restaurant by changing major mail Newcom to a server; and (c) after the change to the swimming pool, the Defendant did not fully pay the Plaintiff revenues on the ground that there was no operating profit of the instant restaurant.

As the Defendant continued to accumulate the enemy due to the operation of the instant restaurant, the instant restaurant was converted to a car page around November 2015.

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