(영문) 서울중앙지방법원 2019.09.20 2018가합501865

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(영문) 서울중앙지방법원 2019.09.20 2018가합501865

출자금 반환

Text

1. The Defendant’s KRW 50 million to the Plaintiff, as well as the Plaintiff’s KRW 6% per annum from December 1, 2017 to September 20, 2019, and the next day.

Reasons

1. Basic facts

A. As to the volatile club (hereinafter “instant place of business”) to be established on the fourth floor of the building C at Jeju, the Plaintiff entered into a contract with the Defendant on June 15, 2012 (hereinafter “instant contract”) and transferred KRW 500 million to the bank account in the name of the Defendant on the same day.

(A) No. 1 and No. 4-1, 2) The contract is a contract on the ownership and profit-sharing of the instant workplace that the Defendant was a lessee.

Article 1 (Authority and Conditions) (1) The defendant and the plaintiff shall have 50% equity interest in the deposit of the workplace.

2. The Defendant and the Plaintiff have equal authority for all facilities, equipment, and interior, located in the place of business.

3. The Defendant and the Plaintiff have 50:50 shares in the sale of the instant workplace.

4. Paragraph 4. The amount invested by the Plaintiff to have 50% authority is completed by KRW 500 million, and the Defendant shall pay KRW 10 million every month from the date of entry into the place of business to five years (60 months) after the date of entry into the place of business.

5. paragraph 4 shall be automatically extended upon the lapse of 60-month payments and, when there is a need to modify the terms, the amount payable to the plaintiff shall be in consultation with each other.

6. All the powers pertaining to the instant workplace, such as operation, funds, personnel management, etc., shall be vested in the Plaintiff.

7.For sale of a workplace, progress under mutual consultation and the monthly amount shall be suspended after the sale.

Article 2(1) of the Act. The defendant, in relation to the amount of tax on income earned at a place of business, shall be deemed investment refund for 50 months, and thereafter, the amount of tax on income in the form of benefits shall belong to the principal.

(hereinafter omitted)

B. The Defendant, around July 2012, entered into a lease agreement with D and E with respect to the instant workplace, and from September 2012, 199, entered into a center of the Vitice from around September 2012.

유사 판례

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-춘천지방법원원주지원 2013.08.08 2012가합2336

-서울북부지방법원 2015.11.04 2014고단3731