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(영문) 광주지방법원 2017.08.08 2016가단500622
약정금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On September 3, 2014, the Plaintiff entered into an agreement with the Defendant, C, and D, and the Plaintiff will invest KRW 400 million in E Co., Ltd. (hereinafter “Nonindicted Company”) by October 2014. However, the Nonparty Company guaranteed the Plaintiff’s principal of investment and repaid KRW 200 million among them as the top priority. The remaining amount of investment was set up “joint investment agreement” containing the contents that the Plaintiff would repay the profits excluding the expenses incurred in maintaining the company to the shareholder’s share of investment.

B. Accordingly, the Plaintiff converted the sum of KRW 50 million loaned to C and D into investment, and deposited the sum of KRW 50 million on August 14, 2014, KRW 40 million on August 20, 2014, KRW 29 million on the same month, KRW 40 million on September 4, 2014, and KRW 150 million on September 4, 2014, into the deposit account of the non-party company, and made use of KRW 150 million on the deposit account of the non-party company for expenses, such as lease deposit and artificial expenses.

C. The Plaintiff determined that the partnership business with the Defendant, C, and D could not proceed smoothly, and was issued by the Defendant a “written confirmation of the dissolution of the partnership business (hereinafter “written confirmation of the dissolution of the partnership business”) with the content that the partnership business agreement on November 13, 2014, which was null and void on September 3, 2014.

On November 25, 2014, the Defendant prepared and delivered to the Plaintiff a “statement of redemption of investment funds” (hereinafter “statement of redemption of investment funds in this case”) stating that “The repayment of KRW 200,000,000,000 for KRW 70,000 and KRW 130,000 for KRW 9,000 for KRW 70,000 and for KRW 200,000 for KRW 9,000 for KRW 70,000 for the refund of deposit and for KRW 130,000 for the Customs” (hereinafter “statement of redemption of investment funds in this case”) to “B” and “A”.

E. On November 29, 2014, the Defendant: (a) as the owner of the Republic of Korea Markets, the Plaintiff is the owner of the Republic of Korea Markets; (b) the Plaintiff is the owner of the Republic of Korea Markets; and (c) the Plaintiff is entrusted with nine highest erobbials owned by the Plaintiff; and (d) the Plaintiff is paid sales commission and fees for two years; and

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