(영문) 대구지방법원 2019.04.12 2018가단4151

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(영문) 대구지방법원 2019.04.12 2018가단4151

투자반환금

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1. The Defendant’s KRW 115,00,000 as well as 6% per annum from December 30, 2016 to April 12, 2019 to the Plaintiff.

Reasons

1. Chief;

A. The Plaintiff’s assertion 1) On October 27, 2010, the Plaintiff concluded a contract with the Defendant to sell 2,000 won per share of 100,000 won (hereinafter “instant sales contract”).

(2) The sales contract of this case includes the following: (a) the Defendant entered into with the Defendant, and (b) the Defendant, around October 2010, remitted KRW 200,000,000 to the Defendant; (c) the sales contract of this case does not merely include that the Defendant sells seedlings to the Plaintiff; (d) the Defendant is responsible for the plant plant planting and growth; and (e) the Plaintiff and the Defendant bear 50% of the expenses incurred in growing fruit and growing trees; and (e) other additional personnel expenses incurred in growing fruit trees and growing seedlings, including the expenses incurred in growing and growing them, and (e) the distribution of 50% of the expenses incurred in the plant planting.

3) However, by not later than 2016, the Defendant, without entirely distributing profits, etc. from the instant sales contract, suspended the instant sales contract on or around March 2016, and received KRW 45,00,00 from the competent authority on December 29, 2016, and paid the said money to the Plaintiff on the ground that the Defendant was paid KRW 45,00,000 as compensation for the discontinuance of the instant sales contract. (4) and the summary of the sales contract of this case, the Defendant agreed to pay the Plaintiff the unpaid money if the Plaintiff did not fully recover the sales price (the Plaintiff asserts that while continuing the instant sales contract, the profits that the Defendant paid to the Plaintiff is not included in the collection amount.)

(5) Accordingly, the Defendant is obligated to pay to the Plaintiff KRW 155,000,000 (=200,000,000 - the above KRW 45,000,00) and damages for delay.

B. The Defendant’s assertion that KRW 200,000,000, which the Plaintiff paid to the Defendant as the sales price of the fruit is a partnership business investment amount that the Plaintiff jointly agreed to carry on the instant sales contract, and the instant sales contract constitutes a partnership business agreement.

In addition, the defendant shall make one profit according to the business agreement.

유사 판례

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