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1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid below shall be revoked.
Reasons
1. Facts of recognition;
A. On July 1, 2011, the Plaintiff, along with Defendant (C), D (E), and F, established G Co., Ltd. (hereinafter “G”) with a total amount of KRW 100,000,000 in capital, and KRW 10,000 in issued and outstanding shares, and jointly run the business-related franchise business with the trademark “H”. The Plaintiff invested KRW 50,000,000 in the same day to pay KRW 50,000 in shares and received dividends of KRW 2,00 in shares, and the Defendant invested KRW 50,00,000 in shares instead of transferring the trademark right “H” to G, and D recognized that it has invested KRW 50,00,000 in shares by recognizing its contribution and business ability.
B. Around July 8, 2011, the Plaintiff expressed his/her intent to withdraw from the partnership with the Defendant, etc., and received KRW 30,000,000 from July 16, 201.
C. Between the Plaintiff continued to demand the return of the remaining KRW 20,000,000, but failed to receive the refund, G brought a lawsuit seeking damages of KRW 370,00,000 against the trademark users by the Jeonju District Court 2012Gahap531, and pursuant to the purport of the judgment rendered in the Jeonju District Court 2010Gahap3553 (No. 20153) among the above lawsuit for damages, the Defendant transferred the “H” trademark to the limited liability company I.
On April 24, 2012, the Defendant: (a) as between the Plaintiff and the Plaintiff, “the Plaintiff shall have invested KRW 50,000,000 in G; (b) but under such circumstances, the Plaintiff shall withdraw from G; (c) a gold of KRW 30,000,000 equivalent to KRW 1,200 out of KRW 2,00; and (d) a gold of KRW 20,000 for KRW 800 without being refunded KRW 20,000 for KRW 800; (b) the Defendant shall transfer the entire amount of KRW 2,000 to the Defendant from D; (c) the remainder of KRW 10,00,000 against the Defendant, other than J, and 12, the amount corresponding to KRW 400,000 among the damages paid to the Defendant in the course of winning the claim for damages that was in progress by the Jeonju District Court 2012hap531.