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(영문) 서울서부지방법원 2015.04.02 2014가합32557
기타(금전)
Text

1. The plaintiffs' claims against the defendant are all dismissed.

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

Reasons

Basic Facts

In 2009, the Defendant opened an cosmetic business explanation meeting with the Plaintiffs and E, etc., and recommended the Defendant to explain the Defendant’s beauty room business plan and contribute to the cosmetic’s business.

Accordingly, around October 2009, the Plaintiffs and E invested KRW 100 million in each of the Defendant, and the Defendant opened and operated beauty rooms with a total of KRW 420 million plus the above amount of KRW 20 million, but agreed to distribute the net profit calculated by deducting KRW 2500,000 per month’s benefits and other expenses of the Defendant and the Defendant’s wife F from the beauty room’s profit at the respective investment ratio as the investment profit.

(hereinafter “instant investment”). The Defendant, from December 2009 to December 201, 2013, operated the beauty room business with the trade name “H” in G’s vicinity.

(hereinafter “instant beauty art room.” During the above period, the Defendant distributed 23.7 million won per person as investment revenue to the Plaintiffs and E.

On December 21, 2013, the Defendant: (a) deemed that the lessor of the instant beauty art room would terminate the lease contract; (b) discontinued the beauty art room business; and (c) returned KRW 50,1650,000 to Plaintiff B, C, and E as deposit received from the beauty art room; and (d) returned KRW 50,000,000 to Plaintiff A.

[Ground] Facts without dispute, Gap evidence Nos. 1, 2, and 3, and the purport of the entire pleadings asserted by the plaintiffs as to the claim for return under the Investment Loss Guarantee Agreement, the defendant alleged that the plaintiffs would not incur losses by recommending the investment of this case, and would be responsible for the occurrence of investment losses. The plaintiffs made the investment of this case on the condition that the investment principal was returned.

Therefore, the defendant is in the balance of the investment principal under the Investment Loss Guarantee Agreement, and the plaintiff A is in the amount of KRW 50 million, KRW 48350,000,000 to the plaintiff, the plaintiff B, and the plaintiff C is in the preparatory document dated March 6, 2015, and KRW 51,650,000 from the deposit.

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