(영문) 인천지방법원 2020.12.15 2020가단204666

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(영문) 인천지방법원 2020.12.15 2020가단204666

대여금

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1. The Defendants shall jointly and severally pay to the Plaintiffs KRW 60,000,000 and the interest rate from February 1, 2020 to the day of full payment.

Reasons

1. Basic facts

A. The plaintiffs are married couple, and the defendants are married couple.

B. On October 23, 2015, the Plaintiffs opened and operated a restaurant with the trade name “E” in the Plaintiff’s name, and a restaurant with the trade name “F” in the Plaintiff’s name (hereinafter “instant restaurant”) in July 26, 2016.

C. The Defendants entered into a contract with the Plaintiffs to acquire the instant restaurant, and on November 1, 2019, with respect to “E” in Defendant D’s name, the Defendants registered their respective business regarding “F” in Defendant C’s name and began to operate the instant restaurant.

On October 23, 2019, the Plaintiffs lent KRW 20 million of the lease deposit of “E” to the Defendants, and the Defendants repaid KRW 10 million among them on December 13, 2019.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, 7, 8 and the purport of the whole pleadings

2. Judgment on the plaintiffs' assertion

A. The plaintiffs asserted that the judgment on the claim portion of the premium should be paid KRW 50 million each in total from the defendants as the premium, and that the restaurant of this case was transferred to the defendants. Accordingly, the defendants did not have any such agreement with the plaintiffs.

In light of the following circumstances that are acknowledged by comprehensively considering the overall purport of pleadings in each of the statements set forth in subparagraphs 5, 5, 11 through 21, the fact that there was an agreement on the payment of premium between the Plaintiffs and the Defendants at the time of transferring each of the restaurants of this case.

① In the dialogue with Plaintiff A, Defendant C stated that “I borrow KRW 70 million for each restaurant of this case,” and “I naturally download the E amount, set the deposit, set the deposit, and conduct adjustment only in F.”

The above KRW 70 million shall be interpreted to mean KRW 50 million in total and KRW 20 million in borrowed money.

(2)

유사 판례

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-서울남부지방법원 2017.06.02 2016가합3073

-서울서부지방법원 2014.05.30 2013가합1990