logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 춘천지방법원강릉지원 2015.08.18 2013가단11429
출자금반환
Text

1. The Defendant’s KRW 6,427,214 as well as the annual rate of KRW 5% from December 22, 2014 to August 18, 2015 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On May 201, the Plaintiff, the Defendant, and C agreed to build a new building on the ground of C (hereinafter “instant land”) and operate a restaurant in the said building (hereinafter “instant partnership agreement”).

B. On June 30, 201, the Plaintiff delivered KRW 30,000,00 to the Defendant with respect to the instant trade agreement, and transferred KRW 2,00,000 to F on October 21, 201.

C. By July 14, 2011, the Defendant completed the registration of ownership transfer on the instant land, and the registration of ownership preservation of the second class neighborhood living facilities of the second class neighborhood living facilities of the second class of the general steel structure, which was newly constructed on the instant land on October 14, 2011 (hereinafter “instant building”), respectively.

On October 21, 201, the Defendant assumed to the Plaintiff and C the amount of KRW 82,00,000 in relation to the instant trade agreement, while the Plaintiff was above B.

In addition to KRW 32,00,000 (= KRW 30,000,000) borne as stated in paragraph (1), C provided that additional KRW 50,000,000 should be invested in addition to the amount previously borne, and C provided that additional KRW 10,000,000 should be invested in addition to the amount previously borne. On October 21, 2011, 201, C provided the Plaintiff with loans of KRW 60,000,000 in its own name as collateral and paid KRW 50,000,000 to C, and accordingly, the Plaintiff was liable for the above loans of KRW 50,000,000,000 and bears interest thereon.

E. On November 4, 2011, the Plaintiff, the Defendant, and C began to operate the restaurant in the instant real estate after having registered the business under the Defendant’s name; and C did not participate in the operation of the restaurant on August 2012; accordingly, the Plaintiff and the Defendant operated the restaurant.

From November 5, 2012, the defendant was not involved in the operation of the restaurant, and thereafter.

arrow