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(영문) 의정부지방법원고양지원 2016.06.24 2015가단90980
기타(금전)
Text

1. The claim of this case is dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On May 29, 2014, the Plaintiffs entered into a partnership agreement with the Defendant to operate a convenience store (hereinafter “instant convenience store”) under subparagraphs 106 and 107 of the Da stores-dong D in the case of strike (hereinafter “instant partnership agreement”).

However, the defendant prepared the same business contract in the name of Nonparty E.

According to the above business agreement, the shares of the plaintiffs and the defendant's business are 50:50, and the investment is 50:50, and the period of business operation is 50:50, and the period of business operation is to run from the date of commencement of

B. Under the instant trade agreement, Plaintiff A remitted to the Defendant the amount of KRW 50,00,000 on April 14, 2014, and KRW 110,000,000 around May 30, 2014, pursuant to the instant trade agreement. The Defendant deposited KRW 107,500,000 in the aggregate of the investment money received from the Plaintiffs; ② KRW 90,000,000 in the premium of KRW 107; ② KRW 25,000 in the premium of KRW 106; ④ KRW 30,00,000 in the premium of KRW 106; ④ KRW 106,00,00 in the premium of KRW 17,607,70 in the convenience store; ⑤ KRW 4,090 in the guarantee premium of KRW 4,00 in the name of Plaintiff 25,205,70 in the account of each of the following deposits.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 5, Eul evidence 1 to 22, evidence 28, the purport of the whole pleadings

2. The plaintiffs asserted that the initial investments should be borne by the same amount as each other at the time of the instant trade agreement, and the plaintiffs should pay 160,000,000 won according to the agreement to settle each other at the time of the commencement of the trade. Since the defendant only bears 59,00,000 won, the defendant should return 50,500,000 won, which is more than the plaintiffs.

In addition, even if the above claim for the settlement of accounts is not accepted, the plaintiffs believe that they will make a preliminary repayment, and the plaintiff A will make a payment to the defendant 40,000.

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