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(영문) 서울중앙지방법원 2016.10.19 2015가단49840

대여금 등

Text

1. The plaintiff's primary defendant and the conjunctive defendants' claims are all dismissed.

2. The costs of lawsuit are assessed against the Plaintiff.

Reasons

1. Basic facts

A. A. Preliminary Defendant D, E, and F created and sold a sweededed B with G’s trade name. On July 2, 2014, the Plaintiff entered into the instant contract with the Preliminary Defendant D, E, and F to make investments and entered into the instant contract with the Preliminary Defendant D, E, and F (hereinafter “instant contract”).

GD E E F G

B. On July 2, 2014, the Plaintiff loaned KRW 100 million to Defendant D, E, and F in accordance with the instant contract.

(hereinafter “instant loan claim”). C.

Preliminary Defendant D, E, and F: (a) leased an office in the name of the primary Defendant to establish a company aimed at the external franchise business of the brand of G; (b) performed preparatory activities for the establishment of the company, such as setting up an Kimba manufacturing factory; and (c) the preliminary Defendant C and H as promoters; and (d) established the primary Defendant Company on August 4, 2014, following the preparation of the articles of incorporation of the primary Defendant Company.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to Gap evidence 5, purport of whole pleading

2. The assertion and judgment

A. (1) The Plaintiff’s assertion against the primary Defendant was based on the premise that the Plaintiff and the primary Defendant D, E, and F entered into the instant contract on the premise that the primary Defendant Company was established. The amount leased by the Plaintiff was used as the preparatory expenses for the establishment of the primary Defendant Company. After the establishment of the Company, the primary Defendant acquired the instant contract, and the primary Defendant transferred the Plaintiff the right to return the lease deposit to the primary Defendant to secure the performance of the instant contract.

Therefore, the primary Defendant is obligated to pay to the Plaintiff KRW 87,50,000,00, out of the amount generated by the agreement on the profit of KRW 100 million and KRW 50,000 per loan Kim Han (hereinafter “the profit of this case”).

(2) The principal defendant's assertion against the conjunctive Defendants is a company and transferred to the company after the establishment of the instant contract.