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(영문) 수원지방법원안산지원 2019.01.11 2018가단59123
투자금 등 반환
Text

1. As to Defendant B’s KRW 45,075,00 among the Plaintiff’s KRW 39,00,000, Defendant B, from September 14, 2018, and the remainder 6,075.

Reasons

1. Basic facts

A. On October 2, 2015, both the Defendant C (Defendant B’s agent) and the Plaintiff entered into a partnership agreement with the Plaintiff on the following terms: (a) the Plaintiff’s mother of the said partnership agreement: (b) “Defendant C invested KRW 65 million in, and engaged in, the said business; (c) the Plaintiff shall be the Plaintiff; (d) the Plaintiff shall have the right to operate the said agreement; (e) the Plaintiff shall bear the profits and monetary responsibilities with Defendant C; and (e) the Plaintiff shall pay KRW 3 million per month to the Plaintiff; and (e) Defendant C’s right to use the said agreement shall be exercised on behalf of Defendant B” (hereinafter “instant partnership agreement”).

B. On October 2, 2015, the Plaintiff entered into a lease agreement, with G, the owner of which, as of October 2, 2015, leased the instant ran tavern by setting the deposit amount of KRW 20 million, monthly rent of KRW 650,000, and the lease period of October 1, 2018 (hereinafter “instant lease agreement”), and Defendant B signed and sealed the instant lease agreement as a observer.

C. On March 30, 2016, the Plaintiff and Defendant B transferred to H all of the instant dynasium deposits and facilities at KRW 1.5 million (hereinafter “H transfer contract”) with respect to the transfer of the instant dynasium and the instant dynasium and the instant dynasium transfer to H (hereinafter “H transfer contract”).

2) On the same day, the Plaintiff drafted a written agreement with Defendant B, representing Defendant C, to the effect that “The Plaintiff shall be responsible for the disposition of civil, criminal, and administrative disposition related to the instant dan business, monthly rent and management expenses, taxes, and public charges,” and that the Plaintiff shall deposit the Plaintiff’s investment amount of KRW 35 million on March 31, 2016, KRW 5 million on April 30, 2016, KRW 500,000,000 on April 30, 2016, and KRW 7.4 million on May 30, 2016, and the Plaintiff shall cooperate when the certificate of seal imprint is required” (hereinafter referred to as “instant agreement”).

3. On the same day, the Plaintiff intended to enter into the instant contract with H, but did not take part in the contract, and thus, the Plaintiff’s lease deposit amounting to KRW 20 million and KRW 20 million out of KRW 90 million.

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