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(영문) 서울동부지방법원 2017.04.21 2015가단110974
투자금반환 등 청구
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 September 11, 2013, the Plaintiff and the Defendant agreed to jointly operate a key shop, and jointly leased the second floor of Yongsan-gu Seoul Metropolitan Government C building KRW 30 million, monthly rent of KRW 2 million. After the Plaintiff’s completion of interior works, “D” operated a key shop with approximately 4 months’ trade name. The above lease deposit amounting to KRW 30 million and KRW 1.5 million in advance, and KRW 60 million in advance for the former operator E of the said store. The Defendant paid KRW 30 million in advance, and the expenses for interior works were paid by the Plaintiff.

B. On March 21, 2013, the Plaintiff and the Defendant agreed to change the type of business of the above main shop to a creative zone by multiplying the business of the above main shop, and the Plaintiff completed the human body construction at its own expense and operated the business registration in the name of the Plaintiff in the name of the Plaintiff and operated the Human body building (hereinafter “F”). On May 28, 2014 following the agreement, the business operator was changed to the Defendant and continued to operate the business on May 28, 2014. From around October 2014, there was a conflict of trust between the Plaintiff and the Defendant, and there was a conflict of trust between the Plaintiff and the Defendant, and thereafter, the Plaintiff did not participate in the operation of the above main shop.

(At that time, the plaintiff was directly engaged in the business of the above merc shop and the instant place of business and store management). (C)

The Defendant filed a criminal complaint on the ground that part of the sales proceeds of the instant place of business was embezzled by the Plaintiff, and the Seoul Western District Prosecutor’s Office prosecuted the Defendant on December 1, 2015, on the grounds that “the Plaintiff embezzled KRW 8,667,500 out of the sales proceeds of the instant place of business over 61 occasions between September 3, 2014 and December 31, 2014.”

On the other hand, from September 26, 2013 to May 18, 2014, the Plaintiff spent KRW 63,085,674 in total as expenses incurred in relation to the pertinent Meaking shop and the instant Megrying shop’s management expenses and operating expenses.

Plaintiff

(b)the amount of the claim.

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