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(영문) 부산지방법원 2015.08.19 2014가합46474

대여금

Text

1. The defendant shall pay to the plaintiff KRW 184,396,063 as well as KRW 175,00,000 among them, from November 5, 2010 to the day of full payment.

Reasons

1. Basic facts

A. On October 6, 2009, the Plaintiff paid KRW 175 million to the Defendant.

Amount paid on the date of payment (won) 2010-2-22 7,419,00 20-83 5,000,000 2010-35,000-322 5,000,000 2010-9 5,000,000-15,000, 2000-420-420,000 5,000, 2000- 2010-8,000-8,000, 2000-69 5,000-69 5,000,000, 200-11-45,000, 5,000, 200-7-15,000,0000, 419,000

B. Thereafter, the Defendant paid the Plaintiff a total of KRW 47,419,000 as indicated in the following table:

Agreement on October 6, 2009 to pay KRW 500,000,000 (including interest) monthly proceeds by lending the above amount from the Plaintiff on October 6, 2009, in order to enter into a two-year contract for the lease store of the Department Store, Defendant Party 1, who signed an agreement on KRW 175,000,000,00

1. Items indicated as a party to an agreement: Matters related to the standard lease contract for a lot shopping entered into on September 30, 2009;

2. On October 6, 2009, the Plaintiff and the Defendant promised to enter into a joint investment agreement with the Plaintiff and the Defendant, respectively, of KRW 175 million, respectively, to enter into a lease store of a lot department store after store store C, and the Defendant promised to jointly distribute the rights related thereto and the lease income amounting to KRW 10 million, and the agreement that the civil and criminal liability shall also be jointly entered into under the joint name.

C. There exist between the Plaintiff and the Defendant, a copy of the agreement signed on October 6, 2009 in the name of the Plaintiff (Evidence 1), and a copy of the agreement signed on October 6, 2009 in the name of the Plaintiff and the Defendant (Evidence 3 of the said agreement). Each of the content is as follows.

On the other hand, the defendant filed a criminal complaint against the plaintiff on the charge that the plaintiff had forged or exercised the above written agreement and the written agreement, and the prosecutor belonging to the Busan District Prosecutor's Office issued a disposition to the effect that he/she was guilty (Evidence of Evidence) on April 29, 2015.

[Ground of recognition] A without dispute, Gap evidence Nos. 1 through 9 (including branch numbers for those with additional numbers), Eul evidence Nos. 6 and 8, the purport of the whole pleadings

2. The parties' assertion

A. On October 6, 2009, the Plaintiff asserted that the Plaintiff did not operate the business related to the lease store store in Busan Jung-gu, Busan, at the Defendant’s request.