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Reasons
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(영문) 대전지방법원천안지원 2016.07.22 2015가합102043
대여금
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1. The Defendant’s KRW 580,000,00 and the Plaintiff’s annual rate of KRW 6% from February 1, 2015 to August 7, 2015, and the following.

Reasons

1. Basic facts

A. The Plaintiff, as a general partner of the instant private teaching institute D (hereinafter “instant private teaching institute”) located in Nam-gu, Nam-gu, Dong-gu, Seoul (hereinafter “instant private teaching institute”), operates the instant private teaching institute. The Defendant, while operating the F Teaching Institute in the same Gu E, operates G from April 2014 to the same site.

The plaintiff and the defendant are siblings.

B. From February 24, 2005 to March 15, 2011, the Plaintiff or the instant private teaching institute pays approximately KRW 500 million to the Defendant, and from March 29, 2013, the same year.

4. up to 15. The defendant paid approximately KRW 1.3 billion to the defendant.

C. On July 3, 2013, the Plaintiff entered into a partnership agreement with the Defendant with respect to G management (hereinafter “instant partnership agreement”).

Article 1 [Duty of Contribution] “A” has invested real estate in the location of the place of business, and “B” has completed its obligation to make a contribution by providing KRW 00,000,000,000 for funds necessary for running the business.

Article 3 [Obligation to Share Profits A] “A” shall distribute profits equivalent to 30% of the limited operating costs, such as taxes and public charges, monthly to “B”.

On July 10, 2013, the instant private teaching institute entered into an agreement with the Defendant that the amount of loans is KRW 2.5 billion, the date of loans is KRW 2.5 billion, and the date of repayment is July 10, 2020, and the interest on loans is paid at a rate of 5% per annum from the following month from the date of lending to the 10th day of each month (hereinafter “instant agreement”).

From August 14, 2013 to February 2, 2015, the Defendant paid KRW 7,552,080 each month to the Plaintiff, respectively, and KRW 10,390,000 on October 19, 2014.

E. The Plaintiff’s KRW 7,672,140 on January 7, 2014, and the same year

6. 22,327,860 won, and the same year;

7.7.10 million won, and the same year.

7. 10.8 million won, and the same year.

7. 10.7550,000 won, and the same year.

7. 2.35 million won, per year.

7. 23.13 million won, and the same year;

7. 23.2 million won, and the same year;

7. 28.150 million won, 4.0 million won in July of the same year;

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