(영문) 창원지방법원진주지원 2017.07.20 2016가합10936

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(영문) 창원지방법원진주지원 2017.07.20 2016가합10936

정산금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. While running a credit business, the Plaintiff and the Defendant engaged in the said credit business from around 2005 to 2006 on the Defendant’s proposal. The method was the method of withdrawing some of the principal of the loan and lending it to the borrower upon the borrower’s request for a loan from the borrower. However, when the Defendant received the principal and interest from the borrower, the Plaintiff transferred the principal and interest calculated at the respective ratio of the principal of the loan borne by the Plaintiff to the Plaintiff’s account as the Plaintiff’s wife.

B. The Plaintiff and the Defendant terminated the partnership agreement on November 2010.

[Ground of recognition] Facts without dispute, purport of whole pleading

2. The gist of the Plaintiff’s assertion was: (a) the Plaintiff remitted total of KRW 5,409,518,000 to the Defendant’s account from November 25, 2005 to May 30, 2012 under a partnership agreement with the Defendant as principal for loans (the amount actually remitted after deducting interest from the Defendant; (b) the principal of loans calculated in consideration of interest rates is KRW 5,637,540,00; and (c) the amount paid from the Defendant is KRW 46,041,00 as interest nominal from January 20, 206 to July 12, 2016; (d) the principal amount is KRW 4,579,31,40 as principal principal from January 6, 2006 to May 7, 2014; and (e) the amount is KRW 5,540,540 as principal and interest settlement amount is KRW 80,540,500 as principal and interest settlement amount is calculated as KRW 10530,54540.6.

(5,409,518,00 won - 4,579,311,406) shall be liable to pay.

3. As to the partnership relation, the partnership relation is terminated by the occurrence of the cause prescribed by the partnership agreement, the agreement of all union members, the success or failure of the business which is the object of the partnership, the request for dissolution, etc. In the event that partnership relation is terminated, unless otherwise agreed by the parties, the remaining assets and the value of the remaining assets to be distributed to union members as a common example shall be determined at the time the liquidation procedure is

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