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(영문) 대전지방법원천안지원 2015.11.03 2014가합2719

계약무효확인

Text

1. The instant lawsuit shall be dismissed.

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

Reasons

Basic Facts

The plaintiff is a person who registered his/her business and reported his/her sports facility business under the trade name of C (hereinafter referred to as “instant swimming pool”). D, the plaintiff’s spouse, is the actual operator of the instant swimming pool.

D was aware of the Defendant who lent a swimming course in the swimming pool located in Asan City. D and the Defendant concluded a partnership agreement with the Plaintiff, each spouse, to jointly operate the swimming pool in the name of the Plaintiff and F, on October 28, 2013, and thereafter agreed on June 17, 2014 when jointly operating the swimming pool in the instant case.

Meanwhile, a contract was drafted in the name of “F and one other” and “the name of the Defendant” with the same content as the Culture Lease Agreement (hereinafter “instant Culture Lease Agreement”), and the Plaintiff’s seal was affixed on the side of “F and one other”.

As the Defendant requested the Plaintiff to use some of the instant swimming pool on the basis of the instant recreation loan agreement, the Plaintiff applied for a provisional disposition seeking the suspension, etc. of the validity of the instant recreation loan agreement, and this court on August 4, 2014, subject to the condition that “the Plaintiff deposited KRW 10,000,000 on behalf of the Defendant as security or submits a payment guaranty insurance policy with the same amount as the insurance amount.

1. The validity of the instant revolving loan agreement between the Plaintiff and the Defendant shall be suspended until the judgment of the instant case is rendered.

2. As to the Plaintiff’s operation of the swimming pool:

A. The act of attending the swimming pool of this case;

B. Under the premise that the instant recreation loan contract is valid, the act of taking possession of the instant swimming pool and taking profits therefrom shall not be allowed.

'The decision was made'.

The Plaintiff and D have a way that the Defendant affixes his seal on the instant revolving loan contract without the consent of the Plaintiff and D in 2014.