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(영문) 의정부지방법원고양지원 2014.11.19 2013가합10895
대여금 등
Text

1. As to the Plaintiff KRW 141,550,00 and KRW 100,00 among them, the Defendant shall start from April 28, 2006 to January 6, 2014.

Reasons

1. The plaintiff's claim for payment of 100 million won

A. The Plaintiff and the Defendant are the Plaintiff’s assertion 1) The Plaintiff and the Defendant: (a) 166m2, D religious site in Gyeyang-gu, Seoyang-gu; (b) 950m2; and (c) Ga and Dong (hereinafter “each of the instant real estate”).

(2) The Plaintiff and the Defendant agreed to sell each of the instant real estate and completed the registration of co-ownership of 1/2 shares on March 16, 2007, each of the instant real estate on March 16, 2007. The Plaintiff and the Defendant agreed to bear KRW 1150 million equivalent to 1/2,100,000,000,000 won, on the ground that the Plaintiff at the time that “the Plaintiff lent money to the Plaintiff,150,000,000 won, and the Defendant paid KRW 950,000,000,000,000 won to the Plaintiff for the compulsory auction of the instant real estate.” Therefore, the Defendant was obligated to pay KRW 150,000,000 to the Plaintiff, and the Defendant agreed to operate each of the instant real estate to sell each of the instant real estate to the Plaintiff, and the Plaintiff’s share of KRW 15,500,000,000,00.

On the other hand, the relationship between the plaintiff and the defendant constitutes a partnership relationship under Article 703 of the Civil Code, and the relationship between the plaintiff and the defendant was terminated on October 28, 2008 as the plaintiff's request for dissolution.

Therefore, the plaintiff can no longer seek the performance of the investment obligation to the defendant, and only claim the distribution of residual assets after the liquidation procedure is completed. Therefore, the plaintiff cannot comply with the above 100 million won claim.

B. According to the evidence Nos. 4, 6, and 1 and 2 of the judgment Nos. 4, 6, and 1 and 2 of the judgment, the plaintiff paid KRW 150 million to the defendant on July 15, 2008 of the sales price of each of the real estate of this case, and KRW 950 million to the defendant.

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