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(영문) 춘천지방법원강릉지원 2014.09.18 2014가단200004

구상금

Text

1. The Defendant shall pay to the Plaintiff KRW 90,000,000 as well as 20% per annum from February 6, 2014 to the day of complete payment.

Reasons

1. The following facts are not disputed between the parties, or there is a defense that Gap evidence Nos. 1, 2, and 3-1 to 4 (the defendant's seal Nos. 3-1 to 4 was stolen. Thus, according to the witness Eul's testimony, Eul's testimony, although it is recognized that Eul affixed the defendant's seal to the above evidence Nos. 3-1 to 4, 6-1, 2, and 21 to 24, considering the whole purport of the arguments, it can be acknowledged by considering the following facts: Eul's seal affixed to Eul's evidence Nos. 3-1 to 4 with the consent of a legitimate authority to represent the defendant, Gap's seal is affixed to Eul's evidence Nos. 4-1 to 3, and Gap's evidence Nos. 20-1 to 9, respectively.

The Plaintiff’s husband C and the Defendant’s husband D jointly run the building-to-land rental business, and C and D have entered into a partnership agreement with the content that they jointly invest in the proportion of 50:50, and distribute half of the profits after deducting expenditures from revenue.

B. According to the above business agreement, C and D established E Co., Ltd. (hereinafter “Nonindicted Company”) on April 22, 2010, and registered the Plaintiff and the Defendant as the representative director of the Nonparty Company, C as the inside director of the Nonparty Company, and D as the manager of the Nonparty Company.

C. Around June 17, 2010, a non-party company borrowed KRW 50,00 from F with the maturity of 50,000 from December 17, 2010, and 1.5% of interest, and (2) around June 17, 2010, the non-party company borrowed KRW 50,000 from G with the maturity of 1.5% per interest month without the due date of repayment; (3) around September 7, 2010, the non-party company borrowed KRW 60,00 from F with the maturity of 1.5% per interest month; and (4) around November 29, 2010, the period of repayment of 20,000 won from G with the interest rate of 1.5% per month; and (5) the Plaintiff and the Defendant borrowed each of the above loans as joint and several surety and each of the aforementioned loans were repaid.

Before the Plaintiff institutes the instant lawsuit, each of the above.