(영문) 수원지방법원 2020.06.11 2019가단526909

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(영문) 수원지방법원 2020.06.11 2019가단526909

투자금반환 청구 등

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1. The Defendant’s KRW 5,600,000 as well as the annual rate of KRW 5% from June 1, 2019 to June 11, 2020 to the Plaintiff.

Reasons

1. Basic facts

A. The main contents of the partnership agreement concluded on May 10, 2015 between the Plaintiff and the Defendant are as follows:

(hereinafter referred to as “instant partnership agreement”) The Defendant and the Plaintiff enter into a partnership agreement as follows in commencing the rentalcar business:

Article 1: The defendant and the plaintiff are engaged in a joint business from May 12, 2015, and the name of the business shall be Crenk, and the representative shall be the defendant.

Article 2:Joint Business Shares shall be 50%, plaintiffs 50%, and all profits shall be distributed according to their shares.

Article 3: The defendant shall disclose all the details of the operation to the plaintiff.

Other matters: The right to operate the rental car project shall be vested in the defendant.

The net profits, excluding expenses, shall be distributed from three months thereafter.

Other investors shall distribute net profits, excluding expenses, from total revenues, to the amount of investment.

B. The Plaintiff and the Defendant commenced the instant trade agreement, and pursuant to the said agreement, the Plaintiff and the Defendant began operating the Cenek’s workplace and distributed profits to the Plaintiff (hereinafter “instant business”). The instant business was closed on July 2016, and the Plaintiff and the Defendant decided to terminate the instant trade agreement around that time.

[Ground of recognition] Facts without dispute, entry of evidence Nos. 1 and 4, purport of the whole pleadings

2. The parties' assertion

A. The plaintiff's assertion 1 made payment to the defendant 108,500,000 won as investment based on the contract of the same business in this case. For the following reasons, the defendant shall either return the above investment amount of KRW 108,500,000 to the plaintiff or compensate for damages corresponding thereto.

① At the time of entering into the instant partnership agreement, the Defendant agreed to return the principal of the Plaintiff’s investment in the event of closing the instant business.

② The Defendant, without the intention or ability to return the Plaintiff’s investment money, was urged to receive the investment money by deceiving the Plaintiff, and after the closure of the instant business.

유사 판례

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