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(영문) 울산지방법원 2014.10.08 2014가합556

대여금

Text

1. The Defendant’s KRW 50,000,000 and its related amount are 5% per annum from July 31, 201 to August 14, 2014 to the Plaintiff.

Reasons

1. Basic facts

A. On December 2, 2009, A’s ASEAN, Defendant, and E drafted a “operating contract” for the purpose of jointly distributing profits arising from the F’s management of the F’s fashion fitness business. Article 1(Purpose of Investment) of the said contract states that “Defendant and E has operated F for the purpose of production and sale, and thereafter D has invested a daily amount of KRW 100,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00,000,000,00

Since then, the net A gave the Defendant KRW 110,00,000, total of KRW 90,000 on December 7, 2009 and KRW 20,000 on April 28, 2010.

B. On July 30, 2010, the Defendant drafted a “written rejection of cash” with the intent to pay KRW 50,000,000 among the above money to the net A by July 30, 201.

C. D, E, the Defendant, on August 2, 2010, changed the representative of a corporate entity E with respect to the healthcare business on August 2, 2010, and a three-party begin to run a healthcare and marriage business again, but all the management and operation of the company shall be conducted independently by E, and C and D shall work as an employee with a share in D. (hereinafter referred to as “D”) by collecting 10% of each of the respective revenues of the healthcare and marriage business in the amount of deduction for KRW 10,000,000,000,000,000,000,000,0000,000,000,000,000,000

'Written Agreement' has been drawn up. D.

A, around April 2013, the network of criminal complaint against the Defendant A filed a criminal complaint against the Defendant, but the Ulsan District Prosecutors' Office decided on March 11, 2014 that the Defendant was not suspected of embezzlement.

E. Division of inherited property related to KRW 50,000,000 against the Defendant was killed on May 24, 2014, and the Plaintiff and D, the co-inheritors of the network A, as well as the Plaintiff, are owned by the Plaintiff.