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(영문) 수원지방법원성남지원 2014.08.26 2013가합3282
투자금반환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The facts subsequent to the facts of recognition do not conflict between the parties, or may be acknowledged on the witness’s testimony as a whole by taking into account the following facts: Gap’s evidence 1 to 3, Eul’s evidence 1 and 2, and Eul’s testimony.

On August 27, 2001, the defendant obtained permission from the Gyeonggi District Administration on the use of state property with respect to the 3 and 4th floor of the building located in Sungnam-si D, Sungnam-si, and operated the wedding hall and the sponsing restaurant (hereinafter "the wedding hall of this case") in the trade name "E".

B. On January 9, 2007, the Plaintiff entered into a contract with the Defendant to purchase 50% of its equity interest in the instant wedding hall, etc. in KRW 177,500,000 (hereinafter “instant sales contract”). The main contents are as follows.

- The contract is to sell 50 per cent of the 50 per cent of the goods in the revised Gu D in KRW 177,500,000. - The current wedding place shall be held liable for 50:50 per cent of the total sum of the photographic pipes (70,000,000 won), beauty rooms (15,000,000 won), video (10,000 won) as well as the total sum of the video (10,000,000 won) in the current wedding place;

(b) In addition, post office rents and public charges shall be paid in proportion to their respective shares, and expendable goods in the present wedding sheet, in agreement between each other, shall be disposed of.

(b) - All rights to weddings and land bags may also be exercised by 50%, and the operation thereof also promises to make every effort to achieve mutual interest.

On February 7, 2007, the Defendant agreed between the Plaintiff and the Plaintiff to re-contribute the relationship of 58% shares and the Plaintiff’s share of 42% shares, and thereafter, on November 19, 2007, the Plaintiff recognized the two vehicles, etc. invested by the Plaintiff between the Defendant and the Plaintiff as KRW 10 million for the Plaintiff’s investment. On the same day, the Defendant purchased 6% of the shares in the instant wedding from the Defendant and purchased 30 million won for KRW 217,50,000 for the Plaintiff’s total investment amount.

The instant wedding hall is around February 2013.

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