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(영문) 인천지방법원 2016.04.20 2015가단16599
출자금반환등
Text

1. The Defendant: (a) KRW 15,00,000 for the Plaintiff and KRW 20% per annum from May 14, 2015 to September 30, 2015; and (b) the Plaintiff.

Reasons

1. Comprehensively taking account of the purport of the argument in Gap evidence No. 1 as to the cause of the claim, the plaintiff agreed to manage "C" and distribute profits therefrom on June 24, 2013, and upon receiving 15,000,000 won capital necessary for the defendant's management from the plaintiff, and complete the plaintiff's investment obligation. In the event the above contract is terminated or terminated, the plaintiff entered into the partnership agreement of the case where the plaintiff must promptly return the above 15,00,000 won to the plaintiff in cash within 30 days from the date of occurrence of the cause. The plaintiff paid 15,00,000 won to the defendant. The plaintiff and the defendant can be acknowledged to have operated C from July 1, 2013 to October 31, 2013, the defendant is obligated to pay 15,000,0000 won with the annual interest rate of 15,000 won to the plaintiff and 30 days after the end of the above business.

2. Judgment on the defendant's assertion

A. The Defendant promised to guarantee the Defendant’s housing (the latter part of Article 1) under the instant business agreement, but the Plaintiff and the Defendant reversed the instant business agreement with respect to the payment order of the said housing, and the Plaintiff and the Defendant agreed to divide profits by operating C, and did not enter into a business agreement with the Plaintiff, and the Plaintiff did not have a business agreement with the Plaintiff, which guarantees the return of the amount of investment, even after the completion of the business, and the Plaintiff and the Defendant did not claim the return of KRW 15,00,000 from February 31, 2014 to May 2014. Thus, there is no explicit evidence to acknowledge that the instant business agreement was reversed by the agreement as alleged by the Defendant, and that the Plaintiff did not claim the return of KRW 15,00,000 from February 2, 2014 to May 2014.

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