logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2018.01.17 2016가단25154
대여금등
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 2,650,774 to the Plaintiff (Counterclaim Defendant) and the amount from July 20, 2017 to January 17, 2018.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. The basic facts C operated the “F” to produce and sell uniforms and various specifications within the E-cultural hall 401 in Daegu Jung-gu, Daegu-gu, as “F” (hereinafter “instant sales store”). From 2005, the Plaintiff served as accounting at the above sales store, and from around 2003, the Defendant served as the self-denunciation from the sales store.

On September 13, 2006, the Plaintiff acquired 1/2 shares of the instant sales store from C in KRW 45,000,000, and operated C and the instant sales store as a partnership business. On January 23, 2009, the Plaintiff acquired 1/2 shares of the instant sales store from C in KRW 80,000,000, and solely operated the instant sales store from that time.

On February 25, 2009, the Plaintiff and the Defendant acquired 1/2 shares of the instant sales store from the Plaintiff in KRW 80,000,000. The Plaintiff and the Defendant agreed to operate the instant sales store as a partnership business and set the ratio of sharing expenses and profits to 1:1. Meanwhile, when the Plaintiff and the Defendant take over the instant sales store, they set the acquisition price at KRW 80,00,000.

(hereinafter referred to as “instant trade agreement”). [Ground of recognition] A without dispute, entry in Gap evidence No. 1, and the purport of the whole pleadings

2. Determination on the main claim

A. (1) The Plaintiff’s summary of the Plaintiff’s assertion transferred KRW 2,50,000 to the Defendant on November 19, 201, and KRW 600,000 on November 25, 201.

The Plaintiff received a loan of KRW 8,00,000 from a card company in the name of G by having the Defendant lent money to the Defendant, and the Defendant agreed to pay the loan amounting to KRW 539,50 each month for 18 months.

However, the defendant paid a total of KRW 5,934,50 (=539,500 x 11) over 11 times. The plaintiff repaid the remainder of KRW 3,776,500 (=539,500 x 7).

The plaintiff and the defendant for the business of the sales store of this case.

arrow