(영문) 부산지방법원 2015.11.26 2013가단101117

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(영문) 부산지방법원 2015.11.26 2013가단101117

약정금 등

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On February 9, 2012, the Plaintiff: (a) registered C’s business in his/her name to recover claims against pro-gu D and E, which operated a wedding photographing company, with the trade name of C; (b) thereafter, the Defendant invested in C; and (c) changed C’s business registration on June 7, 2012 into the name of the Plaintiff and the Defendant.

B. The original Defendant, D, and E continue to operate the C at around that time, but the management of the proceeds is entrusted to the Defendant, and the Defendant recognized the Plaintiff’s obligation to return the amount of KRW 100 million to the Plaintiff and agreed to repay it by the end of March 2013, and the Plaintiff was able to have the Plaintiff recovered from the operation and management of C, and the Plaintiff, upon receiving the repayment, agreed to cancel the registration of the Plaintiff’s business.

(hereinafter referred to as “instant agreement”). C.

The Defendant paid only 15 million won to the Plaintiff by November 28, 2012, which had the due date for repayment under the instant agreement. As the Defendant’s performance had failed to support it, there was a dispute with the Plaintiff, where he was aware of the collection of the claim.

On December 13, 2012, the Plaintiff sent a text message to the Defendant, stating that “I will receive monthly income from the head of Tong. I sent this text message to the Plaintiff on January 3, 2013, and the Defendant sent 3 million won to the Plaintiff on January 17, 2013, and then sent to the Plaintiff on January 17, 2013, “I interfere with the Plaintiff’s business, such as interfering with the Plaintiff’s business by driving friendly job offering D and E, and deposit the income with the head of Tong.”

On December 31, 2013, the Plaintiff and the Defendant filed a report on closure of business with respect to C, and C had sold and operated the amount equivalent thereto for one year prior to the report on closure of business, and the Plaintiff was directly paid from some contractors under the name of the passbook.

[Ground of recognition] Unsatisfy, Gap evidence 1, 2, 8, Eul evidence 1, Eul evidence 4 through 9 (including paper numbers) and the purport of the whole pleadings

2. The assertion; and

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