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(영문) 전주지방법원 2018.04.12 2017나5825

대여금

Text

1. All appeals filed by the Defendant (Counterclaim Plaintiff, the appointed party) and the appointed party C as to the principal lawsuit and the counterclaim are dismissed.

2...

Reasons

1. Basic facts

A. On July 26, 2008, the Plaintiff entered into a partnership agreement with the selected parties C (hereinafter “instant partnership agreement”) with the following terms and conditions.

The Plaintiff (hereinafter referred to as “A”) and the Selection C (hereinafter referred to as “B”) shall enter into the same business contract as follows:

Article 1 (Purpose A of the East Business and B are to acquire the gas station sites and resting sites of Jung-up, E, F, G, H, and I in order to carry out construction and to complete the gas station and rest areas.

Article 2 (Case A and Party B during the period of the operation of the business shall accept the waived equity when either party wishes to waive the operation of the business during the operation of the business.

3 Equity A shall have a total of 100 to 15.3, and 84.7 equity shares in B.

7. The costs of lawsuit and other costs of lawsuit and other costs shall be apportioned in proportion to shares.

B. On February 23, 2016, the Plaintiff agreed to liquidate the partnership business with the selector C, and entered into an agreement with the Defendant and the selector C on March 4, 2016 with the following terms and conditions (hereinafter “instant agreement”).

A settlement agreement following the liquidation of Dong business (as of February 23, 2016) between the parties to the agreement on the settlement of accounts (as of February 23, 2016) between the parties to the agreement between the Plaintiff liquidator C and the parties to the agreement regarding D, E, F, G, H, I ground gas station site and rest area site (hereinafter “Dong Agreement”) shall be confirmed as follows and shall be liquidated.

A. L. L. L.I.

1. It is confirmed that the amount invested by the liquidator in relation to a partnership agreement is KRW 26,00,000,000, and that the amount invested by the liquidator C has at least KRW 156,200,000 (sale price and cost of lawsuit) and construction cost relating to the premises of the partnership agreement.

Provided, That a liquidator C shall have a duty to pay for the acquisition amount of a type of construction.

2. As a result of the liquidation of the business, the Plaintiff of the liquidator shall be paid KRW 144,00,000 to the appointed liquidator C.