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(영문) 대전지방법원천안지원 2016.11.16 2015가단553
투자금반환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The Defendant Company established and run the Defendant Company’s establishment and restaurant management is a company established on November 29, 201 with the objective of franchise business, food manufacture, sale and processing business, etc.

The Defendant Company is running the “C” from the time of its establishment to the date of closing the argument in this case.

B. On October 31, 2012, the Plaintiff and the Defendant Company entered into an agreement under which the Plaintiff invested money, and the Defendant Company operates its business and distributes profits once in proportion to the Plaintiff’s share (hereinafter “instant agreement”). The Plaintiff paid KRW 50 million to the Defendant Company (hereinafter “instant investment amount”).

C. Around October 2013, the Plaintiff requested the Defendant Company to return the investment amount of KRW 50 million,000,000,000 to the Plaintiff. The Defendant Company returned the Plaintiff the total amount of KRW 25 million ( KRW 25 million,000,000,000,000,000,000,000,000,000,000) on December 18, 2014.

【Ground of recognition】 The fact that there has been no dispute, Gap Nos. 1, 2, 4, and Eul No. 1 (including each number, if any; hereinafter the same shall apply), the witness D’s testimony, and the purport of the whole pleadings

2. The Plaintiff’s assertion and determination are based on the following grounds: (a) the Defendant claimed the remainder of the investment amount of KRW 25 million ( KRW 50 million-25 million) and damages for delay.

The plaintiff's assertion and legitimacy are examined in order.

A. 1) The Plaintiff’s assertion that D is obligated to pay under a non-conditional return agreement was practically managing the Defendant Company as well as at the time of the instant agreement and even around December 2013. The Plaintiff requested D to return the instant investment amount, and D accepted it and had the Defendant Company pay KRW 25 million to the Plaintiff. As such, the Defendant entered into an agreement for the return of the instant investment amount, either directly or through D without any condition, and thus, the Defendant is obligated to pay the remainder of the investment amount of KRW 25 million in accordance with the return agreement. 2) The Defendant Company is obligated to determine on December 2013.

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