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(영문) 인천지방법원부천지원 2019.01.10 2018가단110044
약정금
Text

1. The Defendant shall pay to the Plaintiff KRW 65,00,000 and the interest rate of KRW 12/65 per annum from October 1, 2013 to the day of full payment.

Reasons

1. The parties' assertion

A. The Plaintiff, while operating the E frequency in the relationship with the Plaintiff C, D, and the Defendant, requested the return of KRW 65,000,000 investment amount, and the Defendant and D agreed to jointly return the Plaintiff’s investment amount in November 2012.

By September 2, 2013, the statute of limitations was interrupted by the Defendant paying interest on the agreed amount.

B. The Plaintiff loaned the frequency operating fund to Defendant D, and the Plaintiff agreed to return KRW 65,00,000 to the Plaintiff.

Even if the Defendant’s obligation to return was acknowledged according to the partnership business relationship, the Plaintiff’s claim expired by prescription, and D’s obligation to return to the Plaintiff was extinguished by notarial act to the Plaintiff, and the Plaintiff’s obligation to return to the Plaintiff was extinguished by novation, and at the time of withdrawal from the partnership business relationship, the Plaintiff was in a more state, and thus

2. Facts of recognition;

A. On February 2012, the Plaintiff, the Defendant, D, and C agreed to jointly operate a collection by making four persons contribute to KRW 65,00,000 per capita, and agreed to jointly operate the said investment. On June 2012, the Plaintiff, the Defendant, the D, and C opened a mutual frequency of “F” at a shopping mall located in E (hereinafter “E frequency”).

E When concluding a frequency-based lease agreement, the name of the tenant was jointly owned by the plaintiff, the defendant, the D, and C, and the defendant who does not have any other business registration and occupation, registered the E frequency in the name of the defendant, and opened the business account in the name of the defendant.

B. D, which had been operating frequencies in other places, provided the E frequency, notified the necessary customer, and confirmed the purchase and sales details of E in the initial day of the opening of the business.

In addition, the defendant worked daily at E frequency and managed purchase and sales.

C. The Plaintiff and C will not pay dividends in the same trade relationship with D and the Defendant, even though they were unable to participate in the business of E frequency.

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