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(영문) 수원지방법원 2015.10.29 2015가단120044
투자금 반환 청구의 소
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Claim of this case

A. On November 11, 2013, the Plaintiffs and the Defendant agreed to operate a restaurant with the trade name of H by leasing Nos. 103 Dong 104-108 (hereinafter referred to as “instant building”) owned by F-si, G 103 Dong 104-108 (hereinafter referred to as “instant building”).

B. The Plaintiffs borrowed KRW 100 million as a security deposit for the lease of a building from Dok Holdings Co., Ltd. (hereinafter referred to as “Dok Holdings”), and in order to secure the said security deposit, the Plaintiffs made the name of the lessee of the instant building as Dok Holdings, and around November 7, 2013, Dok Holdings entered into a sublease contract with the Plaintiff Company A.

C. The Defendant, by investing KRW 50 million, participated in the instant business contract on the condition that he/she repaid KRW 50 million out of the loan amount of KRW 100 million to Dok Holdings. On February 5, 2014, the Defendant concluded a sub-lease contract on the instant building that the Defendant is the former lessee’s nominal owner. On February 7, 2014, the Defendant became the representative on the instant restaurant business registration certificate.

Plaintiff

A, B, and C invested KRW 100 million equivalent to the lease deposit of this case, and Plaintiff D invested KRW 27 million in the name of purchasing goods necessary for the opening of the business. The Defendant invested KRW 30 million, but additionally invested KRW 50 million in the lease deposit.

On February 15, 2014, the Plaintiffs and the Defendant determined the investment amount to be “Defendant 90 million won, Plaintiff D, Plaintiff 40 million won, Plaintiff B, and Plaintiff D, each of which shall be KRW 10 million, and Plaintiff D shall be KRW 40 million.” The Plaintiffs and the Defendant written an agreement with the main contents “for each of five persons to whom the profit shall be distributed equally by 20%,” and “for each person to whom the investment amount shall be returned, only the principal shall be returned after six months.”

E. However, the Defendant did not pay all dividends by declaring the reversal of a partnership relationship around April 2014.

F. Therefore, the instant partnership relationship was terminated, and thereafter.

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