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(영문) 서울중앙지방법원 2015.07.09 2014가합4359
출자금등 반환
Text

1. The Defendants each of KRW 120,000,000 against Plaintiff A, and KRW 30,000,000 against Plaintiff B, respectively, and each of them on April 1, 2013.

Reasons

1. Basic facts

A. At around 2005, the Plaintiffs concluded a joint agreement with the Defendants regarding the following contents verbally while engaging in a business for the purpose of selling and maintaining imported teas as a partnership.

(hereinafter referred to as the “instant trade agreement”). The building and the building on land (hereinafter referred to as the “instant real estate”) in the name of the Plaintiff B and the Defendant C shall be purchased in the name of KRW 3,800,000,000 for the land and the building on land (hereinafter referred to as the “instant real estate”) in Yongsan-gu, Yongsan-gu, Seoul Special Metropolitan City E site for the workplace.

The Plaintiffs and the Defendants shall contribute 5,00,000,000 won in total, as well as 1,200,000,000 won in the sales price of the instant real estate as well as in the construction cost for business facilities and equipment as well as 1,200,000 won in each 1/2.

The Plaintiffs shall invest KRW 2,50,000,000 in cash, and the ratio of investment made by Plaintiff A and Plaintiff B shall be KRW 8:2. The Defendants shall take over the collateral security obligation of KRW 1,500,000,000, out of KRW 1,500,000, which is 1/2 of the above purchase price, in the name of Defendant C and shall contribute the remainder in cash.

B. The Plaintiffs invested a total of KRW 2,500,000 in cash from April 29, 2005 to August 16, 2005 pursuant to the instant trade agreement, and Plaintiff B and Defendant C completed the registration of ownership transfer on the instant real estate on May 30, 2005.

C. In addition, the Plaintiffs and the Defendants established F and G, an individual entrepreneur, for the implementation of the instant club agreement, and Defendant C and the Plaintiff were registered as F’s business entity and registered as a director of G.

However, in around 2006, the Plaintiffs expressed their intent to withdraw from the instant trade agreement on the ground that the business progress under the instant trade agreement is not purely and is not clear. In the event that the instant real estate is sold, the Plaintiffs demanded to pay KRW 2,500,000,000, which is the amount invested by the Plaintiffs.

E. After August 31, 2007, the Plaintiffs amounting to KRW 2,500,000,000 from the Defendants on October 15, 2007.

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