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(영문) 인천지방법원부천지원 2017.07.11 2016가단16827

대여금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Determination on the cause of the claim

A. The Plaintiff and the Defendant entered into a partnership agreement for acquiring “D hotel” located in Busan City (hereinafter “instant hotel”) on February 17, 2015, and agreed to settle the remaining property upon termination of the partnership agreement. The Plaintiff and the Defendant under the above settlement agreement, “the Defendant immediately deposits KRW 200 million to the Plaintiff, and the Plaintiff immediately pays the Plaintiff the amount of KRW 200 million to the cooperation company with the E hotel (Gu D hotel) in the presence of the Defendant. The Plaintiff and the Defendant agreed to settle the agreement including the content that “the Plaintiff will keep the E hotel expenses.” The attendance expenses of the cooperation company shall be kept by the Defendant” (hereinafter “instant settlement agreement”). On February 17, 2015, the Defendant paid KRW 130 million out of KRW 200,000 under the above agreement to the Plaintiff is not disputed between the parties, or acknowledged pursuant to the purport of the entire evidence No. 1, No. 2, No. 1, 606, respectively.

B. According to the above facts of recognition, the Defendant is obligated to pay the Plaintiff the unpaid amount of KRW 70 million under the instant settlement agreement and delay damages, barring special circumstances.

2. Judgment on the defendant's assertion

A. The Plaintiff and the Defendant asserted that the Plaintiff and the Defendant agreed to pay the test cost of KRW 70 million to the partner company at the time of the instant settlement agreement, and that the Defendant agreed to pay it to the partner company. Accordingly, the Defendant paid the above KRW 70 million to the partner company’s interior cost. As such, the Plaintiff’s assertion is unreasonable.

B. In light of the respective descriptions and images of evidence Nos. 6, 8 through 13, 15, 16, 19 through 23 (including paper numbers) and the witness F’s testimony, the Plaintiff and the Defendant agreed to pay the Defendant, after setting the amount of KRW 70,000,000 to the partner company at the time of the instant settlement agreement, in addition to the overall purport of the pleadings.