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(영문) 수원지방법원 2016.01.12 2013가합20345
기타(금전)
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Facts of recognition;

A. On April 2010, the Plaintiff, Defendant B, and C invested KRW 1750 million, KRW 200 million, and KRW 6250 million, respectively, in order to jointly operate the campus in the president of the F Fishery Institute (hereinafter “instant private teaching institute”). The Plaintiff entered into a partnership agreement with the content that the Plaintiff will jointly perform the duties of lectures, the Defendant B shall provide counseling and accounting, and the Defendant C shall perform the overall business, and the amount of profits was divided according to the investment ratio (hereinafter “instant partnership agreement”), and invested each of the said investments.

Defendant C’s investment amounting to KRW 140 million is the amount invested by Defendant DD and KRW 70 million.

B. Around April 201, Defendant C wished to take part in the instant private teaching institute business, and entered into a contract with Defendant B on the acquisition or transfer of the right to operate the instant private teaching institute (hereinafter “instant acquisition or transfer agreement”) on May 3, 2011, regarding the acquisition or transfer of the right to operate the instant private teaching institute (hereinafter “instant acquisition or transfer agreement”).

Accordingly, around April 25, 2011 and May 3, 2011, Defendant B returned the full amount of each investment to Defendant C, D, and E.

C. Until May 201, the Plaintiff did not work in the instant private teaching institute on the ground that he/she did not work in the workplace on the ground that he/she did not work in the instant private teaching institute on the grounds of childbirth, etc.

From around that time, Defendant B: (a) operated the instant private teaching institute; and (b) around June 22, 2012, Defendant B established G Co., Ltd. (hereinafter “G”) for the operation of the instant private teaching institute and appointed as the representative director.

From May 14, 2013 to May 24, 2013, the Plaintiff: (a) notified Defendant B of the termination of an investment contract on the grounds that the Plaintiff reported the reduction of the Plaintiff’s investment amount; (b) notified Defendant B of the termination of the investment contract; and (c) sent content-certified mail demanding the return of KRW 175 million of the investment amount.

The first content-certified mail as of May 14, 2013 is the next day.

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