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(영문) 서울고등법원 2017.08.22 2016나2062192
손해배상(기)
Text

1. The part of the first instance judgment against the Defendants shall be revoked.

2. All of the Plaintiff’s claims against the Defendants.

Reasons

1. Basic facts

A. A. On November 21, 2012, D and E entered into a joint business agreement with D and E (hereinafter “E”) whereby D and E jointly invest and E operate stores located on the F and G ground of Yongsan-gu Seoul, Yongsan-gu, Seoul (hereinafter “instant store”) to distribute profits therefrom to D according to their share ratio (hereinafter “instant joint business agreement”).

B. On March 20, 2013, the Plaintiff entered into a joint business agreement between the Plaintiff and E and the Defendant C who representeded for E, and entered into a joint business agreement between the Plaintiff and E with the intent to jointly invest and operate the instant store and distribute profits therefrom to the Plaintiff according to the share ratio (hereinafter “instant joint business agreement”). Around that time, the Plaintiff paid KRW 250 million to E or Defendant C as investment funds.

The main contents of the business agreement of this case No. 2 are as follows.

1. The Plaintiff and E agree to rent the instant store as a joint business and enter into a contract with the following.

3. The store of this case is directly operated by E, and the operator registration and store management and operation shall be entirely responsible for E.

4. Of the total investment cost (600,000,000 won), the Plaintiff’s investment in KRW 300,000 (300,000) and KRW 300,000 (300,000) are to carry out a joint project as 50:50 shares, respectively, and the ownership ratio of all assets (including assets or rights related to the joint project under any name such as goods, lease on a deposit basis, lease on a deposit basis, and others) related to the operation of the project shall be 50:50 shares of the Plaintiff and E, respectively.

5. The amount invested by E shall be invested in kind in connection with the establishment, etc. of direct management stores.

7. The monthly business performance shall be reduced from the beginning of the month to the last day of the month, and shall be calculated according to the monthly profit and loss of the directly operated store concerned until the 10th of the following month after the settlement.

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