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(영문) 수원지방법원 2017.09.29 2015가합64844

대여금 등

Text

1. The plaintiff's respective claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The relationship between the parties 1) Defendant B and E in a de facto marital relationship at the time, along with E, a simple restaurant at the construction site of an apartment (so-called “so-called brine restaurant”; hereinafter referred to as “brine restaurant”).

(2) Defendant D is a child of Defendant B, and Defendant C is a wife of Defendant D.

B. Defendant B agreed to operate a brin restaurant along with E, and Defendant B opened and operated a brin restaurant, which is a brine restaurant, which is the brine of the construction site located in the Gunpo-si, which is performed by the FFF corporation in spring around October 201, and the I restaurant, which is the brine of the construction site located in the Hacheon-si, which is constructed by HH corporation, around October 201. Defendant D worked in the above G restaurant, and Defendant C used in the above I restaurant, respectively. 2) J Co., Ltd (hereinafter referred to as “J”) established on October 31, 191 for the purpose of group food service business, etc., and completed business registration by its representative on August 8, 201, E, type of business, Do retail business, etc., and the representative director on August 4, 201, who works as Defendant D’s director and its 25th director, each of his 201.

C. E’s letter of performance, No. 1) Meanwhile, while divorced with K on November 2000, E made and delivered a letter of commitment that “E shall keep well custody and return 40 million won, which is held by the Plaintiff as a person with parental authority,” and “E shall return when necessary. 2) In addition, on November 22, 2009, E recognized the Plaintiff as the Plaintiff on November 22, 2009, “400 million won, from which it borrowed from the Plaintiff, KRW 200 million is recognized as the Plaintiff’s share, and the above KRW 60 million (= KRW 400 million) again invested in the Defendant B and his family boom restaurant, the interest calculated by applying the annual interest rate of KRW 10 million, and the principal shall be paid to the Plaintiff at the time of the Plaintiff’s request after January 1, 2013, and the Plaintiff shall immediately return the amount to the Plaintiff.