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(영문) 서울고등법원 2017.07.07 2015나2020917
기타(금전)
Text

1.The judgment of the first instance court, including any extension, reduction and addition claims, shall be modified by the court as follows:

Reasons

1. Basic facts

A. In springing around 2009, the Defendant opened a presentation for the beauty room business among the Plaintiffs and the instructors of the cosmetic, and recommended the Defendant to explain the Defendant’s beauty room business plan and contribute to the business of the beauty room.

B. 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 added to the above amount of KRW 20 million, and agreed to distribute the net profit calculated by deducting KRW 2500,000 per month’s benefits and other expenses from the Defendant and the Defendant’s wife’s wife from each of the investment proceeds in the proportion of their respective investments.

(hereinafter “instant investment”). (c)

From December 2009 to December 2012, 2013, the Defendant operated beauty room business with the trade name “H” in G’s vicinity.

(hereinafter “instant beauty art room.” The Defendant distributed KRW 21.8 million to Plaintiff A, Plaintiff B, and C, respectively, and KRW 21.2.75 million to E, with investment proceeds during the said period. D.

On December 21, 2013, the Defendant discontinued the cosmetic business of this case on the grounds that the lessor of the cosmetic will terminate the lease contract. The Defendant returned KRW 50 million to the Plaintiff, the Plaintiff, and the Plaintiff, respectively, KRW 50 million, KRW 1.65 million to the Plaintiff, and KRW 46.65 million to E.

[Ground] Facts without dispute, Gap evidence Nos. 1, 2, and 3, the result of the appraisal by an appraiser I, the purport of the whole pleadings

2. Judgment on the main claim

A. The defendant asserted 1 plaintiffs' claim on the claim for return under the Investment Loss Guarantee Agreement did not incur losses when recommending the plaintiffs to make the investment in this case, and he would be responsible for the occurrence of investment losses. The plaintiffs made the investment in this case subject to the return of the investment principal.

Therefore, the defendant is the balance of the investment principal under the Investment Loss Guarantee Agreement, and the amount of KRW 50 million to the plaintiff A, the plaintiff B, and C is KRW 4835 million.

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