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(영문) 창원지방법원밀양지원 2015.05.20 2014가단3070
대여금
Text

1. The plaintiff's claim against the defendants is dismissed.

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

Reasons

1. Basic facts

A. Defendant C borrowed KRW 20,000,000 from the Plaintiff while operating the two sub-factory, but died on April 10, 201. Defendant C borrowed KRW 10,000 from the Plaintiff on April 15, 2011 as the operation of the said two sub-factory, and Defendant C borrowed KRW 20,000,000 from the Plaintiff on July 20, 201, and borrowed KRW 20,000,000 from the Plaintiff on July 20, 201 (hereinafter “the instant loan”). Defendant B guaranteed the Defendant’s obligation to borrow the loan.

B. On September 22, 2011, when the Plaintiff paid 25,000,000 won to Defendant C and performed its investment obligation, the Plaintiff and Defendant C paid 50% of the monthly income to the Plaintiff from November 1, 2011 to the end of the contract, using the current facilities and equipment, and paid 50% of the monthly income to the Plaintiff from November 1, 201 to the end of the contract, and the contract remains for three years, and the Plaintiff drafted a partnership agreement with the Defendant C to recover KRW 25,00,000 in consultation with the Plaintiff.

C. In accordance with the foregoing business agreement, the Plaintiff invested KRW 8,500,000 on September 28, 201, KRW 500,000 on October 10, 201, KRW 14,800,000 on October 28, 201, and KRW 14,80,000 on October 28, 201 (hereinafter “instant investment”).

The Plaintiff did not make any more investments as Defendant C operated the two sub-factory and did not pay profits therefrom, and Defendant C renounced the operation of the two sub-factory around December 201.

E. On March 20, 2012, the Defendants prepared a letter stating that “The Plaintiff shall deposit up to the total amount of KRW 6,000,000 per month, and if not deposited, the Plaintiff shall consent to compulsory execution.”

F. On January 4, 2013, the Plaintiff: (a) borrowed KRW 50,00,000 without the intent or ability of the Defendants to repay; and (b) filed a complaint on the grounds that Defendant C concluded a partnership agreement and acquired KRW 14,80,000 for investment money without the intent to perform the partnership agreement.

G. Meanwhile, the Plaintiff on November 25, 2012.

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