(영문) 서울중앙지방법원 2020.01.16 2018가합582925

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(영문) 서울중앙지방법원 2020.01.16 2018가합582925

보증금반환

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. In November 199, the Plaintiff and the Defendant, along with C, D, and E, operated a 4th basement underground and the 7th floor above the ground-based building (hereinafter “instant building”) on the ground of the 1st floor of the building located in the 1,927m2 (hereinafter “instant land”) in Seoul Special Metropolitan City, Seoul Special Metropolitan City, as a club business. The Defendant’s share in the club business was 50%, C, 30%, and D and E are 20%, and the Defendant decided to take charge of the operation of the instant em clubs.

(2) On December 14, 1999, the Plaintiff purchased 20% of the shares of the instant age club from D and E (hereinafter “instant club business shares”) for KRW 360 million.

B. Around November 2001, the Plaintiff and the Defendant returned KRW 420 million for the settlement of shares between the Defendant and KRW 420 million (1) The Defendant paid KRW 420 million with the settlement amount of shares in the instant club to the Plaintiff in order to withdraw from the partnership relationship of the instant club. The Plaintiff returned KRW 420 million to the Defendant through Defendant-friendly H through the Defendant-friendly job offer after the day the Plaintiff received the said KRW 420 million amount.

(2) After receiving the above KRW 420 million from the Plaintiff, the Defendant paid KRW 15 million each month to the Plaintiff during the 17th month from December 2001 to April 2003.

C. After the Defendant’s age club business progress and closure (1) C withdraws from the partnership relationship of the instant age club, the Defendant re-established the interior interior interior interior interior interior interior interior interior interior of the instant age club and operated the trade name as “I” on July 2004. In around 2008, the Defendant re-established the indoor interior interior interior interior interior interior interior interior interior interior interior interior interior interior of the instant age club to “J” and discontinued its business around January 201.

(2) Meanwhile, the Plaintiff’s opening date in the name of the Plaintiff on December 1, 200 and its trade name is K.

유사 판례

-의정부지방법원 2015.09.11 2015노258

-부산지방법원 2014.06.27 2014노783

-서울중앙지방법원 2015.07.03 2015고단1948

-서울행정법원 2015.03.20 2014구합625

-의정부지방법원 2014.11.28 2013고단2488