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(영문) 서울북부지방법원 2017.09.08 2016나35152

대여금

Text

1. The plaintiff's appeal and the claims added by this court are all dismissed.

2. The costs of the lawsuit after the appeal are filed.

Reasons

1. The reasons why this court is admitting the judgment of the court of first instance are citing the new argument of the plaintiff by this court, except for adding the following judgments to the new argument of the plaintiff by the court of first instance, and therefore, it is citing it in accordance with the main sentence of Article

2. Determination on new arguments

A. The Plaintiff’s summary of the Plaintiff’s assertion and the Defendant agreed to make a partnership by investing in the proportion of 5:5,00, and the amount actually invested by the Plaintiff is limited to KRW 19,970,000, which can be deemed to have been invested by the Defendant, while the amount actually invested by the Plaintiff is limited to KRW 54,548,05, and the Defendant withdrawn from the partnership around March 2014

Therefore, the defendant shall pay 34,578,055 won (=54,548,055 won - 19.970,000 won) which is the amount actually invested by the plaintiff among the 25,241,980 won (=the above 34,578,05 won = 73/100 of TRS 54,548,055 won (the plaintiff's investment amount of KRW 54,548,05), which is 19,970,000), which is the settlement amount of the business liquidation, to the plaintiff. (2) The business contract established with the contents that one company should jointly establish and operate a stock company with cash and labor, etc. - 19.970,00 won under the name of the parties concerned, and one company shall be subject to 201,000 won under the Commercial Act, which is the premise that the parties to the joint liquidation agreement should be declared pursuant to the provisions of the Commercial Act 2014.