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(영문) 대구지방법원김천지원 2020.02.12 2018가단35901
대여금
Text

1. The Defendant’s KRW 20,887,346 with respect to the Plaintiff and KRW 5% per annum from November 15, 2018 to February 12, 2020, and the following.

Reasons

1. The following facts may be acknowledged in full view of the following facts: (a) there is no dispute between the parties; or (b) evidence Nos. 1, 2, 17, 21; (c) evidence No. 22-1, and 22-2; and (d) the testimony of the witness C as a whole.

The Plaintiff registered his/her business as “E-Maintenance Factory” (hereinafter referred to as “instant maintenance factory”) with the owner of the land and the building on the ground of the Gu-U.S. Si D site and the building at the place of business (hereinafter referred to as “E-Maintenance Factory”) and changed the representative of the instant maintenance factory to C around March 26, 2015.

B. On July 21, 2015, C entered into a lease agreement with the Plaintiff to lease the instant maintenance plant as KRW 36 months from November 1, 2014, KRW 30,000,000 on a deposit basis, and KRW 7,000,00 on a deposit basis (hereinafter “instant lease agreement”).

C. C operated the instant maintenance plant upon the conclusion of the instant lease agreement, but on October 16, 2015, the representative of the instant maintenance plant was replaced by the Plaintiff. Accordingly, taxes, various public charges, usage fees, membership fees, etc. related to the instant maintenance plant were imposed in the name of the Plaintiff and the spouse F.

On the other hand, upon receiving a proposal from C for a partnership with the instant maintenance plant, the Defendant transferred KRW 30,000,000 to C on May 20, 2015, and the Defendant’s order was expressed as the representative of the instant maintenance plant.

E. On November 7, 2017, the Plaintiff sold the instant maintenance plant. From August 2017, the Plaintiff was not paid a tea under the instant lease agreement from August 2017 to sale, and during the said period, various public charges, such as electricity taxes, membership fees, and taxes imposed in the name of the Plaintiff and F were delinquent, and thus, the Plaintiff paid the instant maintenance plant.

2. Assertion and determination

A. The gist of the parties’ assertion was that the Defendant operated the instant maintenance plant jointly with C from May 20, 2015, and the Plaintiff operated the instant maintenance plant solely from November 2016.

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