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(영문) 대구지방법원서부지원 2020.10.21 2018가단5809
투자금반환
Text

The Defendant-Counterclaims (Counterclaims) jointly share KRW 66,257,880 against the Plaintiff (Counterclaim Defendant) and their amount from September 22, 2017.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. On June 13, 2013, the Plaintiff and the Defendants agreed to operate a physical training hall with each other’s share of KRW 33.3% (hereinafter “D”).

The Plaintiff and the Defendants performed their respective investment obligations at that time, and completed the business registration of the instant physical training center by making them joint business operators.

B. As the chief of the physical training center of this case, the Plaintiff operated the above physical training center by taking charge of public relations, facility management, accounting, arrangement of accounting books, support for membership registration, etc. as the chief of the department, Defendant B as the chief of the department, and Defendant C as the chief of the department, and Defendant C operated the above physical training center.

On September 21, 2017, the Plaintiff withdrawn from the partnership with the Defendants.

C. The Defendants were charged with special injury, etc. to the Plaintiff that occurred during the course of operating the instant physical training center. On July 18, 2019, the Daegu District Court rendered a sentence of three years of suspended execution on July 26, 2019 with respect to each of the following criminal facts, which was sentenced to imprisonment with labor for a period of three years in February 18, 2019.

Defendant

B From September 1, 2013, he worked as a head of department in the health room of the name “D” located in Daegu-gu Office E, and Defendant C works as a manager from the above date to the above health room, and jointly operated the above health room with the victim A (the age of 37) who worked as the head of office.

1. The Defendants’ co-principal

가. 폭력행위등처벌에관한법률위반(공동폭행) 1 피고인들은 2017. 9. 18. 15:25경 위 ‘D’ 헬스장 건물의 지하주차장에서, 피해자에게 매출 장부에 허위 사실을 기재한 것에 대해 추궁하였으나 피해자로부터 제대로 대답을 듣지 못하자 화가 나서, 피고인 C는 발로 피해자의 배 부위를 3회 가량 차고, 피고인 B은 피해자의 옆에 서서 피해자에게 윽박을...

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