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(영문) 서울동부지방법원 2018.08.24 2017가단22569
투자금반환 등
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The facts following the facts do not conflict between the parties, or are recognized by comprehensively considering the whole purport of the pleadings in the descriptions of Gap evidence 1 to 5, Gap evidence 6-1, 2, Eul evidence 1 and 4.

A. The Plaintiff is the representative director of Nonparty C Co., Ltd. (hereinafter “C”) who is engaged in the business of manufacturing broadcasting equipment such as ample, amper, etc., and the Defendant is the representative director of Nonparty D, the same type of business.

B. On February 16, 2015, the Defendant was entrusted by Nonparty E, an incorporated association (hereinafter “Nonindicted Association”) with the right to operate information and communications, electricity, and stage machinery business headquarters.

On April 1, 2015, the Defendant established G (hereinafter “instant headquarters”) an incorporated association (hereinafter “instant headquarters”) with Nonparty F as its representative for the entrusted operation.

On April 19, 2016, the head of the instant business headquarters employed persons with severe disabilities and was designated by the Minister of Health and Welfare as production facilities for products manufactured by persons with severe disabilities (hereinafter referred to as “the designation of production facilities for products manufactured by persons with severe disabilities”) in relation to the premises broadcasting equipment in accordance with the special law

C. On July 27, 2016, the Plaintiff and the Defendant concluded an agreement on the right to operate a business (hereinafter “instant agreement”) with the following content.

The purpose of this contract is to provide that the Plaintiff may exercise the above operating rights of the headquarters of the instant case by paying half of the investment amount in relation to the operation rights of the items, etc. for which the Defendant was determined to designate the production facilities of the instant headquarters.

(Article 1 of the Agreement) The Plaintiff bears the burden of KRW 130,128,491, half of the Defendant’s total amount invested in the instant project.

(Article 3 subparag. 1 of the Agreement). The representative of the instant headquarters shall be changed to Nonparty H designated by the Plaintiff.

(Article 3 subparag. 2 of the Agreement). The monthly operating expenses and investments related to the business of this case shall be responsible and operated accurately half by the plaintiff and the defendant.

(Article 4 of the Agreement).

The plaintiff on July 19, 2016.

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