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(영문) 수원지방법원성남지원 2014.12.02 2014가합2811

청구이의

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The plaintiff's assertion that the non-party D, the plaintiff's husband, entered the defendant company on January 13, 2006, and received KRW 100 million from the defendant company for operating expenses, etc. The plaintiff and the plaintiff's son, affixed a seal on the notarial deed of debt repayment contract at the request of the defendant company that attached the document to the effect that D bears more performance and profit than the amount invested by the defendant company because it opened the business and management affairs. Since D has served for 20 months as the defendant company, it was offset against the profits initially promised after the fulfillment of all the investment conditions of the defendant company, such as setting up a framework of management affairs, and play a critical role in purchasing the company located in Gangseo-gu Seoul Metropolitan Government E-factory, it is invalid.

2. According to the judgment of the court below, Gap evidence No. 1, the plaintiff, the appointed parties C, and D have borrowed D 150 million won from the defendant on January 13, 2006 and the defendant on January 13, 2006, respectively, with the term "the maturity of D 150 million won, and damages for delay shall be Jan. 30, 2007, and 20% per annum." Accordingly, it is recognized that the deed of debt repayment contract signed by the plaintiff and the appointed parties C as a notary public with the content of joint and several obligation payment contract signed by the plaintiff and C as 108 of 206.

However, the statement in Gap evidence Nos. 2 through 7 alone did not claim KRW 100 million paid to D in the event that D incurs more than KRW 150 million while serving in the defendant company.

The plaintiff's above assertion is without merit, since it is not sufficient to recognize that or D has generated the above income, and there is no other evidence to acknowledge it.

3. In conclusion, the plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.