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(영문) 대전지방법원 2019.08.14 2016가단208706
투자금 등 청구
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by each person;

Reasons

1. Basic facts

A. C Co., Ltd. (hereinafter “C”) is a company incorporated on August 31, 2015 with the food business, etc. as its business objective, and the Defendant is one of the joint representatives of the above company.

(Joint Representatives of the Company are composed of three persons, including the Defendant, D, E, etc.).

C opened several restaurants in the name of "F" in Daejeon, and opened a chain business, and on October 1, 2015, the F cafeteria 4 (H store) was established in G.

(hereinafter referred to as “H point”) No. 4

The Plaintiff was working as a captain from October 1, 2015 when he/she commenced his/her business, and retired from his/her position as a policeman on December 2, 2015.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1, purport of whole pleadings

2. Requests for reinstatement due to withdrawal from a contract for the same business;

A. The plaintiff's assertion 1) The defendant, who was known to the general public, is running the chain business in the name of "F" in the name of "F" in his/her representative C. However, if the defendant invests in the above chain business and works as the store, he/she is entitled to receive both dividends and wages as an investor, and it is guaranteed that the above chain store business is incorporated into the above chain store business.

B) The Plaintiff decided to make an investment in H points business by acquiring the Defendant’s continued speech theory, and to make an investment in H points business from July 21, 2015 to September 9, 2015, the Plaintiff paid KRW 40 million to the Defendant, and worked as H points from October 1, 2015 to October 1, 2015. However, the Defendant: (a) provided that “the Defendant recruited investors with the opening cost of H points of KRW 300 million, but actually paid KRW 400 million, was actually paid; and (b) provided that the investment amount was forced to be paid further, the Plaintiff did not inform the Defendant of how the existing investment amount was used. The Plaintiff provided that the Defendant would invest KRW 40 million in the Defendant and operate H points business; (c) provided that the Plaintiff could not obtain the Defendant’s business method; and (d) made withdrawal from the business agreement around December 1, 2015.

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