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(영문) 서울남부지방법원 2014.07.23 2014가단203292

대여금

Text

1. The Defendant’s KRW 75,596,051 as well as the Plaintiff’s annual rate from January 1, 2014 to January 3, 2014.

Reasons

1. Basic facts

A. On November 2012, the Plaintiff and the Defendant entered into a partnership agreement with each other on the following matters for the business of importing and selling automobiles:

The plaintiff and the defendant conclude a contract for the plaintiff's investment for the stabilization and development of the "C Company" as follows:

Article 1 (Investment Obligations of the Plaintiff) The Plaintiff shall invest KRW 900,000,00 in the Defendant on the following terms:

(1) By November 23, 2012, 300,000 won shall be invested in cash.

(2) By November 28, 2012, KRW 600,000 shall be invested by L/C.

Article 2 (Obligation of Defendant) When the Plaintiff completes its obligations under Articles 1(1) and 1(2), “C Company” shall conduct import vehicles and wholesale retail business.

The defendant grants the plaintiff a mortgage on the amount of investment in the E-vehicle located in Nam-si, Namyang-si.

Article 3 (Distribution of Proceeds) The Defendant shall pay to the Plaintiff a profit equivalent to 50% of the monthly profits accruing from the business of “C Company” from November 28, 2012 to the termination of this Agreement by the end of the following month.

B. On November 15, 2012, the Defendant, on November 15, 2012, agreed with the Plaintiff, the obligee, the obligor, the borrower, the borrowed amount of KRW 900,00,000, and no interest shall accrue and the maturity

(Special Agreements: 30 million won in cash, 60 million won in the export and import of the Bank, 40 million won in cash, and 300 million won in cash at the time of open of the estate, the last loan amount was determined as the open amount when the estate was actually open).

C. According to the above investment agreement, the Plaintiff remitted KRW 300,000 to the Defendant, and the Plaintiff opened a Heritage Credit (USNCE L/C) equivalent to 69,000, which is the two revenues of the automobile, and 113,445.38, which is the two revenues of the automobile in the name of the Plaintiff.

On November 16, 2012, the Defendant completed the registration of creation of a neighboring mortgage, which amounts to 90,000,000 square meters in the name of the Plaintiff with respect to the share owned by the Defendant among 6,485 square meters in Nam-si, Nam-si.

E. On May 23, 2013, the Plaintiff is the Defendant.