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(영문) 의정부지방법원고양지원 2015.04.08 2014가단21413
부당이득금반환
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On March 1, 2013, the Plaintiff, the Defendant, and C have invested funds with respect to the manufacturing and sales business of non-metallic metals operated independently by C. Around March 1, 2013, the Plaintiff and the Defendant, and C entered into a trade agreement (hereinafter “instant trade agreement”) under which C will carry on a business after establishing a new corporation by investing the manufacturing technology and facilities, goodwill, and patent rights in their possession.

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

Article 6 [Investment of Funds and Establishment of Juristic Person] The plaintiff, defendant, and C shall mutually evaluate and agree on manufacturing technology, manufacturing equipment, all patent rights, operating rights, and the amount of business rights under Articles 3, 4, and 5 above shall be KRW 1/300,000 per day ( KRW 1,350,000). C shall be equipped with a juristic person with one-third or more shares of 1/3,000,000 ( KRW 450,000,000), respectively, on condition that the plaintiff, the defendant, and the defendant shall pay 1/3 of the assessed amount to C, respectively.

Article 8 [Date of Signature and Seal of Corporation's Investment and Partnership Business Agreement, Time when the Plaintiff and the Defendant pay the investment funds to C] 6. Neither the time when the Plaintiff and the Defendant pay the investment funds to C: The Plaintiff, March 2, 2013, paid the amount of KRW 400,000,000 per day ( s n 200,000,000) to the person designated by C or C when the registration of the selling company of a new corporation is completed, and C agrees that C received the payment.

In 209, the Defendant paid C the sum of KRW 200,000,000,000,000,000,000,000,000,000 which was borrowed from C in 209, which was not paid up until then, as part payment of this Agreement, and C has received it.

C. Pursuant to the instant trade agreement, D Co., Ltd. was established on February 6, 2013, and the Plaintiff and the Defendant deposited KRW 200 million in D Co., Ltd.’s account on February 28, 2013, respectively. The Plaintiff paid KRW 200 million to E (F) that supplies raw materials to D Co., Ltd. on March 2, 2013 in lieu of payment of KRW 200 million.

On the other hand, however,

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