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(영문) 수원지방법원 안양지원 2018.02.09 2017가단104802
투자금 반환
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. A. Around December 2015, the Plaintiffs entered into a partnership agreement with the Defendant, which is a human rights company, to operate the E’s agency, which is a human rights company. On December 30, 2015, the Plaintiffs entered into an investment management agreement with the Defendant on the following terms and conditions (hereinafter “instant agreement”) with the Defendant, and worked at the Defendant’s office thereafter.

Section 1 (Investment Management) This Agreement has the right to operate as an investment and has the obligation to operate the company's property and management and to contribute to it.

Article 4(Income). At the time of achievement of basic sales of bonuses (basic sales are KRW 30,00,000,000) bonuses are measured as salary (for contract cases arising from marketing, KRW 10,000 shall be subsidized as bonus). The above investment funds may not be recovered when they are invested for the operation and management right of investors, and shall continue to exist in D above.

B. Plaintiff A paid KRW 60,00,000, and Plaintiff B paid KRW 50,000 to each Defendant as investment.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 and 2 (including additional number), the purport of the whole pleadings

2. Determination as to the cause of claim

A. The plaintiffs' assertion 1) The contract of this case for restitution due to the primary termination of contract is for the conclusion of the agency establishment contract, and thus the agency establishment contract has not been concluded, making it impossible to carry out it. Even if the plaintiffs transferred management rights from the defendant, not for the agency establishment contract of this case, the defendant did not transfer management rights. Thus, the plaintiffs are obligated to cancel the contract of this case, and the defendant is obligated to pay the remaining 25 million won, excluding the amount returned by the defendant among the investment amounts paid by the plaintiffs.2).

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