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(영문) 서울고등법원 2017.05.25 2016나2061854

대여금

Text

1. The plaintiff's appeal is dismissed.

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

3. Paragraph 2 of the judgment of the court of first instance is ordered.

Reasons

1. Basic facts

A. Defendant C is the Plaintiff’s piloted birth, and the Defendants are married.

B. On July 2013, the Plaintiff spent KRW 250 million for the Defendants’ business trip project, and entered into an agreement on KRW 500 million in total, including KRW 250 million previously lent to the Defendants (hereinafter “instant agreement”) as follows.

The plaintiff and the defendants shall be invested in the form of a loan of necessary business funds from the plaintiff in order to continue a business trip project which was made in the name of the defendants, and shall prepare an agreement by prescribing the following provisions of the Rules:

1. The Plaintiff shall accurately grasp and fully repay the amount of money that the Defendants would have incurred while running a business trip to the country.

(total amount of KRW 500 million)

2. Until full repayment of the money borrowed from the Plaintiff is made, the Defendants shall delegate all accounting authority concerning revenues and expenditures to the Plaintiff in the operation of a business trip site project.

3. Where a card has been settled in the future of the representative of the E-Ip sheet, the transfer shall be made immediately to the plaintiff's account.

4. The Plaintiff and the Defendants shall deposit 10% of the total monthly sales in the Plaintiff’s personal account.

5. The plaintiff and the defendants shall set the benefits according to their respective business capabilities and pay them monthly.

6. The Plaintiff is entitled to terminate this Agreement without any condition if the amount invested in the loan is fully recovered, and to operate the business under the direction of the Defendants.

7. The Defendants, in conducting a business trip, shall incur expenditures on the part of the Plaintiff with respect to the disbursement of the investment.

C. Pursuant to Article 4 of the instant arrangement, the Defendants paid to the Plaintiff part of the sales revenue of the business travel agents, which was KRW 329,718,500, as shown in the attached Table, on each weekend from September 7, 2013 to January 23, 2016, and suspended payment from January 30, 2016.

On August 17, 2014, the Plaintiff is against Defendant C.