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(영문) 부산지방법원 2018.10.16 2017가단302420
대여금
Text

1. Defendant Limited Partnership Company B’s KRW 64,398,300 and its interest shall be annually from February 1, 2017 to October 16, 2018.

Reasons

1. Facts of recognition;

A. The relationship between the parties (i.e., the former trade name: the limited partnership company D; hereinafter “Defendant Company”) is a company whose purpose is to sell alcoholic beverages, etc.

B. On November 12, 2013, the Plaintiff acquired the share of KRW 24,00,000 from a limited partner E and joined the Defendant Company as a general partner. ② On January 22, 2014, the Plaintiff acquired the share of KRW 26,00,000, and ③ on January 20, 2015, transferred the share of KRW 1,550,000 to G, and ④ on June 14, 2016, invested KRW 60,000.

The Plaintiff was registered as the representative member of the Defendant Company from November 12, 2013 to November 11, 2015, and from June 14, 2016 to December 9, 2016.

Defendant C is the actual manager of the Defendant Company before transferring 108,450,000 won of equity on September 28, 2017 to H and I, and the representative member and the general partner of the Defendant Company from January 6, 2017 to September 28, 2017.

B. The Plaintiff’s deposit of money with the Defendant Company deposited KRW 64,398,300 in the Defendant Company’s account from June 30, 2014 to April 22, 2015, while working as the representative member of the Defendant Company.

On June 30, 2014: 1,042,40 won: 514,00 won; 4,630,000 won on July 29, 2014: 3,200 won: 3,210,000 won on December 14, 2014; 4,264,000 won on December 31, 2014; 5,00,000 won on December 31, 2014: 1,00,000,000 won on January 30, 2015: 5,00 won: 5,00,000 won; 5,000,00 won on October 10, 200, 200; 10,000 won on July 10, 205, 205; 10,005 won on May 31, 2015;

C. (1) The Plaintiff was indicated as the natural father of the Defendant C under the family relation certificate.

On January 11, 2016, Defendant C filed a lawsuit of denial of paternity against the Plaintiff by the Busan Family Court as the Busan Family Court Decision 2016Ddan200244, and was sentenced on June 23, 2016 to deny that the Plaintiff is the natural father of Defendant C. The above judgment became final and conclusive on July 12, 2016.

The defendant C, on August 3, 2016, has the original district court against the plaintiff.

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