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(영문) 의정부지방법원고양지원 2016.03.10 2015가단85391
대여금
Text

1. The Defendant shall pay to the Plaintiff KRW 17,963,851 and the interest rate of KRW 15% per annum from September 3, 2015 to the date of complete payment.

Reasons

Facts of recognition

The Plaintiff is a Hague-dr who operates the cosmetic, and the Defendant is a person who operated “A” Do from October 30, 2014.

The Plaintiff loaned KRW 40,000,000, totaling KRW 30,000,000 on October 13, 2014, and KRW 10,000,00 on November 4, 2014, to the Defendant for the purpose of opening the cosmetic, etc. of the cosmetic room (hereinafter “cosmetic room”).

The Plaintiff was paid 35% of the sales revenue generated by the Plaintiff from November 2014 to July 25, 2015 by the Defendant as benefits.

On the other hand, the Defendant, on July 7, 2015, stated that “the sales revenue of the head of the headquarters is 35%, gross net income is 30%, and the remaining amount is 31 million won,” and then delivered the same to the Plaintiff.

(hereinafter “instant domain”. The Defendant paid KRW 4,00,000 to the Plaintiff on March 13, 2015, KRW 2,000,00 on May 12, 2015, KRW 5,000,000 on May 13, 2015, KRW 10,000 on July 10, 2015, KRW 4,127,377 on July 10, 2015, and KRW 18,00,00 on July 24, 2015, respectively.

On the other hand, on July 24, 2015, the Defendant drafted a notarial deed stating that “The Plaintiff shall pay KRW 7,000,000 to the Plaintiff by August 31, 2015 (hereinafter “instant notarial deed”) and paid KRW 7,00,000 to the Plaintiff between August 31, 2015 and September 2015.

【In the absence of dispute, Gap’s statements in Gap’s Nos. 1, 2, 4, 5, Eul’s evidence Nos. 2, 3, and 4 (including any number). The plaintiff’s assertion of the purport of the entire pleadings lent KRW 40,00,00 to the defendant, and the plaintiff agreed to receive KRW 35% out of the sales of the plaintiff’s occurrence, and KRW 30% of the net profit of the beauty room. However, the defendant partially repaid the defendant.

Therefore, there is a duty to pay the balance of 13,00,000 won and 4,963,851 won.

It is recognized that the Defendant borrowed KRW 40,000,000 from the Plaintiff.

However, at the time of the agreement on the same business, an agreement shall be made to pay 30% of the cosmetic sales and 30% of the net profits.

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