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(영문) 부산지방법원 2016.01.27 2014가합43260
투자금반환등
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

(a) the investment and operation relations with respect to the age clubs 1) collectively referred to as “Defendant, etc.”, including Defendant C, D, E, F, G, H, I, J, K, L, etc. (hereinafter referred to as “Defendant, etc.”);

A) On January 2006, MM invested its partner's money for each of its own shares, and the PNaart club located on the first floor above the O hotel located in the Dong-gu Busan Metropolitan City (hereinafter "the instant age club") (hereinafter "the instant age club") is located.

2) On January 12, 2006, M made a lease contract with Q (hereinafter “ Q”) on the first floor above the above hotel by setting the lease deposit amount of KRW 300 million and KRW 8 billion on monthly rent between the company and Q (hereinafter “ Q”) and the company on January 12, 2006, after having agreed to allocate the business by majority and operating profit according to the ratio of investment deposit.

3. 20. Business registration has been made in its name.

3) M is the president of the form. The Defendant, as a manager of the entire business, shared duties, such as overall management of each business, and operated the instant age club. (B) On March 2006, the Plaintiff entered into an agreement with M to receive operating income according to the equity ratio, and made up a notarial deed on a written recognition of equity (No. 3685 of the Ministry of Justice, etc.) indicating that the Plaintiff’s equity interest among M and M in total 1.4 billion won is 10% of the total amount of investment in the said age club, on the same day, by October 23, 2008.

2) Around April 25, 2010, M changed in the name of the business operator of the instant age club and the name of the business operator for food service business, designated by the representative director S of the RR Co., Ltd., in order to secure the obligation for R by the Defendant, etc., under an agreement with the Defendant, etc. on April 25, 2010. 3) The Plaintiff, who became aware of the change in the name as above, became the Plaintiff on October 23, 2008.

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