(영문) 춘천지방법원강릉지원 2015.12.16 2014가단7571

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(영문) 춘천지방법원강릉지원 2015.12.16 2014가단7571

투자금반환

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1. The defendant shall pay to the plaintiff KRW 20,00 and 5% per annum from January 24, 2015 to December 16, 2015.

Reasons

1. Basic facts

A. On April 201, the Plaintiff and the Defendant agreed to operate a restaurant in the name of “D” (hereinafter “instant restaurant”) in Gangseo-si, Gangnam-si, and invested each of the following as follows: (a) on April 27, 2011, the Plaintiff and the Defendant registered an joint restaurant as a share of 50% between the Plaintiff and the Defendant.

(1) On April 5, 2011, Plaintiff 200,000 won (contract deposit for a restaurant lease) did not dispute over KRW 3 million (cost for technical transfer in the sea area) on April 5, 2011, the fact that there was no dispute over KRW 3 million on April 27, 201, and that there was no dispute over KRW 5 million (cost for purchase, such as a restaurant, etc.) on May 9, 201, the fact that there was no dispute over KRW 500,000 (cost for the wall repair and the unclaimed construction cost of a restaurant) on May 25, 201, 200 and see KRW 3 million on May 31, 2011, the fact that there was no dispute over KRW 20,000,000,000 won in total, including KRW 5,000,000,00 won, see KRW 500,000,00.

B. The Plaintiff and the Defendant asserted that the Plaintiff and the Defendant paid KRW 13 million to E, who operated the instant restaurant, as the result of the reply to each order to submit financial transaction information to the head of Gangseo-gu branch office in the Republic of Korea and the head of the New Bank Business Support Center, and that the Plaintiff and the Defendant paid KRW 13 million to E, among which the Plaintiff paid KRW 3 million was paid, the remainder of the KRW 10 million to the Defendant, and the Plaintiff, on May 24, 2015, withdrawn the check from the bank account of Daeung Construction Co., Ltd. as the check, and paid it to the Defendant. The Defendant asserted that there was no receipt. It is recognized that the Defendant confirmed that five million won of the check withdrawn by the Plaintiff was paid to E before the instant restaurant. Accordingly, it is reasonable to deem that the Defendant paid KRW 5 million to E as the said check that the Plaintiff paid to E as the Defendant.

Therefore, the plaintiff's above.

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