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(영문) 서울중앙지방법원 2015.04.01 2014가합56039

대여금

Text

1. As to the Plaintiff KRW 119,980,00 and the above KRW 4,180,00 among the above amounts, the Defendant shall pay to the Plaintiff KRW 119,980,00 from October 7, 2012 to November 21, 2013.

Reasons

The summary of the case is the case that the plaintiff seeks the return of the loan against the defendant and seeks the distribution of residual property and the settlement of profits from the dissolution of the association under the golf practice range partnership agreement.

In fact, on September 26, 2012, the Plaintiff lent KRW 990,00 to the Defendant, and the Defendant repaid KRW 2,10,000 on the same day.

On September 28, 2012, the Plaintiff lent KRW 2 million to the Defendant.

On October 6, 2012, the Plaintiff paid 1.4 million won with the Plaintiff’s credit card, on the ground that the Defendant would immediately pay for the Plaintiff’s child’s delayed payment on behalf of the Plaintiff’s credit card.

On June 2012, the Plaintiff entered into a partnership agreement between the Plaintiff and the Defendant with the content that, around June 2012, the Plaintiff and the Plaintiff would open a golf practice range and operate a golf practice range jointly on the first floor of the D Building located in Gangnam-gu Seoul, by being in charge of store lease and the installation of a stoke, the Defendant entered into a partnership agreement with the Defendant and the Plaintiff.

On October 24, 2012, the Plaintiff paid KRW 28 million in total by cashier’s checks to the Defendant’s father E under the pretext of supporting the lease deposit for the above store and the interior down payment. The Plaintiff and the Defendant leased the above store from Cheongdam Asia Co., Ltd. around that time, and paid KRW 5 million out of the above money paid by the Plaintiff as down payment.

On November 24, 2012, the Plaintiff paid the remainder of lease deposit to Cheongdam Asia Co., Ltd. KRW 45 million.

E entered into a contract for a golf practice range in which the F and the construction period were from January 14, 2013 to January 15, 2013, and the total construction amount was KRW 85 million (payment of KRW 45 million on January 10, 2013, and KRW 40 million after opening the site on January 13, 2013).

The defendant borrowed 65 million won from the defendant's relative on January 10, 2013 and borrowed 65 million won from the defendant's relative on January 10, 2013 to F as construction price.