beta
(영문) 부산지방법원 2014.09.05 2014가합1624

대여금 등

Text

1. The Plaintiff:

A. Defendant B’s KRW 88,328,767 as well as 5% per annum from February 28, 2013 to September 5, 2014.

Reasons

1. Basic facts

A. The Plaintiff and Defendant B, jointly on May 1, 201, supplied oil through D Co., Ltd. (hereinafter “D”) operated by the Plaintiff, and divided the profits and losses (cost) into Plaintiff 46%, Defendant B 44%, and Nonparty E 10% of the partnership agreement, based on the written evidence No. 7 of the partnership agreement, that the ratio of shares in the partnership agreement of the instant case was changed to Plaintiff 50%, Defendant B 40%, and the above E10% pursuant to the agreement of May 31, 2011 concluded with the Plaintiff and Defendant B.

After that, on February 1, 2012, the Plaintiff and the above Defendant newly concluded a partnership agreement with the same content as the instant partnership agreement, which added Nonparty F and G and deducts 10% from the revenue amount from oil supply transaction with the treatment Shipbuilding, to divide the earnings and losses into the shares of the Plaintiff (including F) and Defendant 45%, respectively.

(hereinafter “instant trade agreement”) was concluded.

B. On May 20, 201, the Plaintiff lent KRW 200,000,000 to Defendant B as interest-free, and agreed that KRW 100,000,000 among them would be repaid by May 31, 201, and the remainder of KRW 100,000,000,000 among them would be paid after completing the oil supply contract and executing the first joint work (hereinafter “instant loan”).

C. D Co., Ltd. entered into an oil supply contract between the Daewoo Shipbuilding and the Maritime ENR on June 20, 201, under which D purchases oil from the third company and supply them for the trial operation of offshore plant of final consumers designated by the Treatment Shipbuilding and Marine ENR for a period of up to eight months from the date of conclusion of the contract, and entered into the first transaction under the above oil supply contract on June 30, 201.

D Of the supply of oil under the above oil supply contract, D will purchase from Daewoo Shipbuilding's Marine ENR on March 20, 201, the petroleum supplied as of November 4, 201, 200 chip 200 chip from the designated purchasing company.