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(영문) 서울중앙지방법원 2018.03.23 2016가단5218433
손해배상(기)
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 33,032 to the Plaintiff (Counterclaim Defendant) and its objection from August 18, 2017 to March 23, 2018.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On November 9, 2013, the Plaintiff entered into an agreement with the Defendant, who was employed as the representative of the cosmetic, on the establishment and operation of the cosmetic room (hereinafter “E store”), with the Defendant, who was employed as an employee of the cosmetic room, that the Plaintiff invested approximately KRW 110 million in investment, such as lease deposit and the arche, and KRW 10 million in investment, including the Defendant, and that the Defendant invested KRW 10 million in the cosmetic as a professional manager, and that the Plaintiff and the Defendant divide profits into KRW 50:50 in operating the cosmetic, and that the Defendant would have all rights to the cosmetic room if the Plaintiff pays the amount of the Plaintiff’s investment in KRW 10 million per annum to the Plaintiff.

(hereinafter “instant agreement”). Accordingly, the Defendant registered the beauty room in the name of the Defendant, and entered into a lease agreement on the business located in the Gwanak-gu Seoul Special Metropolitan City F shop with the Defendant as the lessee, and operated the beauty room in this case.

B. Meanwhile, the instant agreement was amended several times, and around March 18, 2013, ① KRW 2 million was first brought by the Defendant, and the remainder was changed to 50:50,000,000 won. ② The Defendant paid KRW 5 million around December 2014 and KRW 8 million around February 2015 to the Plaintiff as the price for taking over shares. Since operating the instant beauty room for a few years, it was changed to select whether to accept the instant beauty room or to receive the investment amount, and ③ around June 18, 2015, the Defendant did not take over the instant beauty room, and received KRW 8 million out of the total investment amount paid by the Defendant to the Plaintiff, and the Defendant paid the Plaintiff the price to take over the beauty room in the future.

C. The Plaintiff and the Defendant did not accept the cosmetic around July 1, 2015.

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