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(영문) 서울고등법원 2015.07.31 2013나75382
투자금반환
Text

1. The judgment of the first instance, including the main claim extended by the Plaintiff (Counterclaim Defendant) in the trial, is as follows.

Reasons

1. The facts under the basis of facts are either in dispute between the parties or in respect of each entry in Gap evidence 1 to 10, Eul evidence 12, 13, and 16 (including additional numbers), with a comprehensive consideration of the whole purport of the pleadings.

[1] On August 14, 2008, the Defendant entered into a business agreement, which jointly operates beauty rooms with F, the representative director of D Co., Ltd. (hereinafter “C”) with F, and entered into a business agreement (Evidence B 13).

In the above contract, a total of KRW 500,000 shall be 50,000,000, and the Plaintiff and F shall invest KRW 250,000,000 each, and the interest shall be 50%, and the profits shall be distributed in 50% according to the above shares.

On the other hand, in the above contract, if the defendant pays F 10,000,000 won to F after the commencement of beauty room business, the defendant's equity interest is 70% [(250,000,000 won 100,000 won) / 50,000,000], and F's equity interest is 30% [(250,000,000 won - 100,000 won) / 50,000,000 won], and the profit is distributed 70% and 30% according to the above equity interest.

[2] On August 2008, the defendant decided to operate the beauty art room jointly with the plaintiff in the middle of the company in bankruptcy resolutionD, and thus, half of the defendant's shares are 70% and the shares of the plaintiff and the defendant are 30%.

Accordingly, on September 18, 2008, the Plaintiff entered into a share investment agreement that jointly operates beauty rooms with the Defendant (Evidence A No. 2).

The main contents of the aforesaid “share investment contract” (hereinafter “instant partnership agreement”) are as follows:

Article 2 (Contribution Shares): The defendant shall operate beauty room business after receiving 150,000,000 won from the plaintiff as equity investment in relation to the contribution shares of 5:5 of other investors.

The total amount of investment shall be KRW 500,000,000, and the defendant shall receive KRW 150,000,000 from the plaintiff as equity investment.

Article 3 (Income and Deficits Shares): The distribution ratio of the amount of income (amount of loss) shall be acquired at 50:50 regardless of the equity ratio provided for in Article 2.

Article 6 (Termination of Business): Closure of business or other reasons.

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