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(영문) 광주지방법원 목포지원 2018.02.09 2015가단52907

기타(금전)

Text

1. Of the counterclaims by the Defendant (Counterclaim Plaintiff), the Plaintiff (Counterclaim Defendant) concluded on October 5, 2012 between the Defendant (Counterclaim Plaintiff) and the Plaintiff (Counterclaim Plaintiff).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff invested KRW 100,000,000 from April 2007 to invested KRW 120,000, and completed the registration of the E-agency (hereinafter “instant agency”) under his/her own name and operated the E-agency (hereinafter “instant agency”). The Plaintiff also operated the instant agency by not later than December 201 and F who acquired the instant agency’s shares from C and December 201.

B. On April 12, 2012, the Plaintiff drafted a notarized deed No. 616 of 2012 (hereinafter “notarial deed of this case”) by a notary public stating the following: “The Plaintiff shall approve F that it bears the obligation of KRW 100,000,000 to F, and shall repay that obligation until June 30, 2012,” etc.: (a) the Plaintiff prepared a notarized deed No. 616 of 2012 (hereinafter “notarial deed of this case”).

C. On August 16, 2012, the Defendant prepared a lease agreement stating that the instant agency building is leased in KRW 30,000,000 with G, a lessor of the instant agency building. The Defendant stated that the said lease agreement is the broker of the said lease agreement, and that “A’s lease agreement is transferred in the name of B” as a special agreement.

On October 5, 2012, the Plaintiff entered into the instant partnership agreement with the Defendant with the content that the instant agent is engaged in the same business as indicated in the table below, and the notary public notarized by Law Firm 1, 2012 as 3329.

A table: The representative of the operator of Article 1 shall be B (Defendant) of the terms of the instant partnership agreement.

The security of Article 2 80 million won is owned by B (Defendant) and the lease deposit(30 million won, 10 million won, and 10 million won, are owned by A (Plaintiff).

Income loss incurred each month under Article 3 shall be distributed to 50:50.

Article 4 (Defendants) and A (Plaintiffs) An agency transaction without agreement shall be null and void.

Article 5 Transfer of Shares is possible only through mutual agreement, and transfer without mutual agreement shall be null and void.

Article 6. Agencies for personal reasons further.