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(영문) 광주지방법원해남지원 2016.01.13 2015가합3208
청구이의
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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On January 1, 201, the Plaintiff and the Plaintiff’s father D, and the Defendant established a fisheries partnership corporation E and entered into a business partnership agreement with the Defendant to pay the Defendant 50% of the profits accrued from the shipment of the uniforms after the year 2014 when the Defendant paid the investment amount to the Plaintiff and the Plaintiff’s father D, and the Defendant paid the Plaintiff, etc. the following:

1) From January 27, 2011 to March 28, 2011, the Defendant paid 180 million won to the account of a fisheries partnership to the account of a fisheries partnership, and paid an investment amount of KRW 180 million under a business partnership agreement (Evidence B, 4. 2).2) The Defendant transferred the amount of KRW 10 million on August 30, 201, and the amount of KRW 8 million on September 27, 201 to the account of a fisheries partnership and lent it to the Plaintiff and D.

In addition, the Defendant borrowed money from G and H and lent the total of KRW 196 million from February 1, 2013 to July 19, 2013, and KRW 196 million to the Plaintiff or fishery partnership corporation account, to the Plaintiff and D.

3) On January 22, 2014, D drafted a letter of performance (Evidence B-1) stating that H will pay KRW 130 million and interest by the end of February, 2014, and that G will pay KRW 200 million and interest by the end of February, 2014. Moreover, on September 10, 2014, the Plaintiff and D drafted a letter of performance (Evidence B-2) stating that it will pay KRW 500 million and interest by the end of February, 2014. In addition, on September 30, 2014, the Plaintiff and D drafted a letter of payment (Evidence B-3) stating that it will pay the remainder of loans by September 30, 2014.

B. On April 30, 2014, the Plaintiff issued a promissory note with an addressee as the Defendant, with a face value of KRW 400 million, and at the sight of the due date, and deliver it to the Defendant, and the Plaintiff and the Defendant issued to the Defendant, on October 6, 2014, a notarial deed stating that “A notary public, on October 6, 2014, against the attorney-at-law in charge of the joint law office I, “if the Plaintiff fails to perform his/her obligation, he/she shall be

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