(영문) 대구지방법원 2016.11.30 2016나6147 | 리걸엔진

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(영문) 대구지방법원 2016.11.30 2016나6147

대여금

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1. Of the judgment of the court of first instance, KRW 46,157,00 against the Plaintiff among the judgment of the court of first instance, and the Plaintiff’s amount of KRW 46,157,00 against the said judgment, from March 13, 2015 to November 30, 20

Reasons

1. Basic facts

A. The Plaintiff has been engaged in the business of manufacturing and selling Private Uniforms, etc. under the trade name of “E” (hereinafter “E”) at the location of Daegu-gu D Building 401.

B. Defendant B entered into a contract with the Plaintiff to acquire KRW 45,00,000 of the operating rights of the instant business (hereinafter “instant business”) from the Plaintiff on September 2006, and had been operating the instant business as the Plaintiff and the Dong business.

C. Around December 2008, Defendant B entered into a contract with the Plaintiff to acquire the remaining 1/2 of the Plaintiff’s equity interest in the instant business in KRW 80,000,000, and eventually, Defendant B independently operated the instant business site.

On the other hand, Defendant B entered the name of the tenant of the instant business site as the Plaintiff and agreed to use the instant business site. However, Defendant B paid KRW 2,00,000 per month to the Plaintiff on the condition that the Plaintiff helps Defendant B operate the instant business for five years. Moreover, Defendant B agreed to use the National BankF account in the name of the Plaintiff, which is a deposit and withdrawal account for the instant goods, etc. (hereinafter “the instant national bank account”).

Defendant B transferred 1/2 shares of the instant business to Defendant C around February 2009, and operated the instant business as Defendant C and the instant business.

E. However, in August 2009, the Plaintiff operated the instant business, including the manufacturing of saves, from around August 2009, by replacing the keys of the entrance of the instant business site by the Defendants so that they could not access the Defendants.

The Plaintiff was indicted for obstruction of duties and damage to property due to the above act and was sentenced to a fine of KRW 500,000.

(F) On the other hand, Defendant C filed a lawsuit against the Plaintiff on February 19, 2010 against the Plaintiff and filed a lawsuit seeking the transfer of the instant business site, the Daegu District Court No. 2010Kadan11030, and the Daegu District Court No. 201030.

유사 판례

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