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Reasons
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(영문) 수원지방법원 2014.12.19 2013가합3623
투자금반환
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1. Defendant B Co., Ltd. shall pay to the Plaintiff KRW 170,000,000 as well as to the period from July 11, 2011 to March 25, 2013.

Reasons

1. Facts of recognition;

A. A. Around 2011, the Plaintiff requested Defendant C to provide business start-up consulting services, and the Plaintiff was introduced by Defendant C.

D representing the Defendant Company: (a) partially leased a part of the Ebert set run by the Defendant Company Samsung C&T Co., Ltd. (hereinafter “TBland”) to establish and operate a bank for woo; (b) if the Plaintiff invested KRW 200,000,000 with the said store operation fund, the Plaintiff would pay 70% of the profits after deducting monthly expenses, etc.

B. On July 10, 201, the Plaintiff concluded a business start-up consulting service agreement with Defendant C and the Defendant Company on behalf of the Plaintiff, and the latter also concluded a partnership agreement with D that represented for the Defendant Company (hereinafter “instant partnership agreement”). Defendant C paid KRW 10,000,000 to Defendant C at consulting cost. Meanwhile, the Plaintiff paid KRW 100,000,000 to D who represented for the Defendant Company, and KRW 100,000,000,000 as the sales operation fund around July 8, 201, around July 27, 2011.

C. The main contents of the instant partnership agreement are as follows.

[Contents] Article 2 (Contents] The Plaintiff shall provide funds for the store of the head of the Ebberland, which the Defendant Company proceeds, and shall operate the store under the responsibility of the Defendant Company.

Article 3 [Detailed Contents]

1. The Plaintiff shall pay the Defendant Company KRW 200,000,000 as the fund for the operation of the store (hereinafter referred to as KRW 200,000).

3. The defendant company shall operate and manage the family funeral room, and shall report to the plaintiff from time to time when there are changes in the name of the defendant company.

Article 5 【Proceeding】

3. The defendant company and the plaintiff shall be 30% of the profits derived from deducting all the costs of materials, personnel expenses, and other taxes paid on the part of the Berland among the total sales, and 70% of the profits earned from the defendant company, as the profits of the plaintiff company.

Article 7 (Compensation for Damages)

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