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(영문) 춘천지방법원원주지원 2020.10.29 2017가합5606
손해배상(기)
Text

All of the plaintiffs' claims are dismissed.

The costs of lawsuit shall be borne by the plaintiffs.

Reasons

1. The plaintiffs' assertion

A. On May 2013, the Plaintiffs came to know of the Defendant while preparing for opening a cafeteria with the trade name “E” at the Won-si, and paid the Defendant a total of KRW 355,00,000,000, as seen below.

① Around February 2015, the Defendant brought about and operated the FJ branch right, which is a beer company, to a large amount of profits. The Defendant said that “In order to obtain the right of strong branch from the head office, a half of the amount of KRW 50 million is required to be invested,” and the Plaintiffs deposited KRW 25 million on March 24, 2015 to the F headquarters.

② Around March 2015, the Defendant proposed to operate the packaging vehicle in the original state G to divide profits by operating it. Accordingly, KRW 200 million deposit for commercial building lease was borne by the Plaintiffs and the Defendant respectively by KRW 100 million and H to bear the test cost.

On March 17, 2015, the Plaintiffs paid KRW 100 million to the Defendant.

③ The Defendant did not make a proper investment in H’s packaging test costs. As H’s equity share was 10% of H’s 60 million won. The Plaintiffs paid KRW 40 million on July 20, 2015, KRW 20 million on July 30, 2015, and KRW 60 million on the aggregate.

④ On July 31, 2015, the Defendant decided to make an investment of KRW 200 million to the Plaintiffs, but investment of KRW 100 million in the amount of KRW 100 million, and thus, the Plaintiffs and the Defendant considered that they should additionally invest KRW 50 million.

On July 31, 2015, the Plaintiffs paid KRW 50 million to the Defendant.

⑤ Around July 2015, the Defendant borrowed KRW 15 million from the Plaintiffs on July 4, 2015, on the following grounds: (a) the new market value of the original package shop; and (b) the Defendant borrowed cash; (c) the amount of KRW 25 million on July 9, 2015; and (d) the amount of KRW 30 million on July 16, 2015.

④ Around June 2015, the Plaintiffs attempted to sell E, which the Plaintiffs operated, to the volume of KRW 400 million, and the Defendant introduced the buyer and demanded KRW 50 million as a brokerage commission.

Accordingly, the Plaintiffs.

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