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(영문) 수원지방법원 2015.04.17 2014나24331

청구이의

Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. On March 10, 201, the Plaintiff borrowed KRW 35 million from the Defendant on March 10, 201 while operating an enterprise producing “D”, which is a traditional string in the wife population C, as intangible cultural heritage, and was requested by the Defendant to return the said money after ten days.

B. Accordingly, the Plaintiff agreed with the Defendant to prepare a promissory note with respect to KRW 50,000,000,000 for the above loans, etc., and written a promissory note with respect to KRW 50,000 on March 20, 2011, the issue date of which was KRW 50,000,000 for face value, and on May 30, 2011 (hereinafter “instant promissory note”). A notary public drafted a notarized deed as of May 11, 201 with respect to the said promissory note as the No. 391, 201.

C. Since then, on September 10, 201, the Plaintiff was unable to pay the said money by the due date of the said Promissory Notes, and the Plaintiff entered into a business partnership agreement with the Defendant on September 10, 201, with the Defendant, that the Defendant would invest the amount of the Promissory Notes in the manufacturing company run by the Plaintiff (hereinafter “instant business partnership agreement”). The details of the agreement are as follows.

E (hereinafter referred to as “company”) promises to distribute profits arising from joint management by shares of shares in possession and to enter into the following partnership agreement:

Article 1(1) A is an equity investment in all assets and liabilities held by the Company as of the date of this contract, and equity is an investment corresponding to 70% of the Company’s shares, provided that as of the date of this contract, the Company’s liabilities as of the date of the contract are at the Company A’s expense. B is an investment corresponding to 30% of the Company’s shares in respect of this investment.

Article 10 (Restoration due to Termination and Termination of Contracts) Where a contract is terminated or terminated, it shall be as follows:

1 Where a business entity remains without undergoing liquidation procedures and a part of its personnel remains, it shall be based on shares.