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Reasons
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(영문) 의정부지방법원 2019.08.20 2018나4674
기타(금전)
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1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. From around 2013, the Defendant operated a restaurant in the Category D of the Macheon City Building D.

B. On April 2017, the Plaintiff and the Defendant entered into an oral agreement with respect to a restaurant operated by the Defendant (hereinafter “instant agreement”) and entered into the agreement in writing on April 21, 2017 as follows.

On April 21, 2017, 2010,000 won of the total principal of E.I.D. deposit for E. C building in the Macheon-si, Gyeonggi-do., shall pay KRW KRW KRW 5 million as the down payment on April 21, 2017.

By April 30, 2017, the remaining three million won shall be paid in part by April 30, 2000 among the remaining Won, and the other three million won shall be agreed with the contractor B (Defendant) to pay by May 30, 2017. The agreement on the lease contract on May 30, 2017 shall be changed in the name of B (Defendant). (Plaintiff).

(c).

Under the instant agreement, the Plaintiff paid to the Defendant KRW 5 million on April 21, 2017, and KRW 15 million on April 30, 2017, respectively, and did not pay the remainder KRW 30 million.

【Ground for recognition】 The fact that there is no dispute, A1, and the purport of the whole pleading

2. Summary of the parties' arguments;

A. The Plaintiff entered into an agreement with the Defendant for partnership or investment and paid money to the Defendant.

The defendant shall return the investment money to the plaintiff.

B. The instant agreement concluded between the Plaintiff and the Defendant was not a partnership agreement or investment deposit agreement, but a store lease agreement was also a contract.

The defendant is not obligated to return the investment money to the plaintiff.

3. The plaintiff paid a sum of KRW 20 million to the defendant in accordance with the agreement of this case as seen earlier.

However, the following circumstances, i.e., ① the Plaintiff and the Defendant, which can be recognized by the record, assessed the total sum of the values of all the rights to the restaurant in the contract, and assessed by the Plaintiff and the Defendant in excess of KRW 50 million.

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