정산금
1. The plaintiff (Counterclaim defendant)'s main claim and the defendant (Counterclaim plaintiff)'s counterclaim are all dismissed.
2. Of the costs of lawsuit.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. The following facts may be acknowledged, either in dispute between the parties, or in full view of Gap evidence 1, Gap evidence 4, Gap evidence 7, Eul evidence 8 (the same as Eul evidence 3-1, 2; hereinafter the same shall apply), Eul evidence 2-3, Eul evidence 7-1 through 3, Eul evidence 7-1 and 12, and the purport of the whole arguments and arguments.
Part Nnship ABner of Agreement
1. The partn;
2. Plaintiff Partn;
3. Defendant B’s 3 above purchased the instant real estate and invested shares in the partnership business as follows, and mutually agreed on the matters relating to the partnership business.
1. Partn among 100% of equity shares;
1. 10% partn;
2. 45% partn;
3. 45%
2. Main business: Defendant B, who signed on May 11, 1999, for a real estate rental business.
A. On May 11, 1999, the Plaintiff, Defendant B, and D (hereinafter referred to as “the Plaintiff, etc.”) jointly invested money and purchased real estate listed in the separate sheet (hereinafter referred to as “instant real estate”) and entered into a contract to operate a real estate rental business (hereinafter referred to as “instant partnership business agreement”) with the Plaintiff, Defendant B, and D (hereinafter referred to as “the instant association”). The following day, the instant partnership business agreement was certified by a notary public as No. 1559 of Ministry of Justice No. 99, including the Seo-gu General Law Office, etc., and the contents are as follows.
B. Around May 1999, the Plaintiff et al. purchased the instant real estate from E in KRW 1,850,000,000, the Plaintiff et al. agreed to pay the remainder of KRW 1,238,000,000 among them, and the remainder of KRW 1,238,000,000 (=the intermediate payment of KRW 300,000 + the intermediate payment of KRW 138,00,000 + the remainder of KRW 200,000 + the loan of KRW 60,00,000) in reality.
After that, the plaintiff et al. received a loan from the National Bank of Korea (hereinafter "National Bank") as KRW 400,000 out of the above KRW 1,238,000,000 from E around July 199.