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(영문) 수원지방법원 2018.01.25 2016나73306
대여금
Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. Facts of recognition;

A. On April 2013, the Plaintiff and the Defendant entered into a partnership agreement with the content of engaging in the wholesale and retail business (hereinafter “instant partnership agreement”). On April 29, 2013, the Plaintiff and the Defendant registered the business of “C” in the name of the Plaintiff and established and operated the said partnership (hereinafter “instant partnership”).

B. The Defendant remitted each of the money deposited in the KB National Bank account under the name of “Plaintiff (C)” as an investment for the instant club agreement to the KB National Bank account on May 30, 2013, KRW 6 million on June 4, 2013, and KRW 2 million on August 19, 2013.

Meanwhile, from the above account to the Defendant’s bank account, KRW 750,000 won was transferred on June 5, 2013, KRW 1 million on June 24, 2013, and KRW 500,000 on August 1, 2013, respectively.

C. On October 15, 2013, the Plaintiff obtained a guarantee from the Seoul Credit Guarantee Foundation and took out loans of KRW 26 million from the new bank, and thereafter repaid the principal and interest of the said loans from around that time, the Plaintiff entered into an agreement with the Defendant on November 11, 2013 regarding the repayment of the equity and loan of the instant association.

Article 2 (Equity Ratio) On or after November 11, 2013, A (referring to the Plaintiff; hereinafter referred to as “Plaintiff”) and B (hereinafter referred to as “Defendant”) shall have profits from their respective shares based on the capital invested in C.

B Recognizing that the Plaintiff does not make an investment in the capital entering C after November 11, 200, it is recognized that the Plaintiff and the Defendant recognize that the income entered after November 11 are allocated on the basis of their shares ratio.

Article 3 (Credit Guarantee Foundation Loans) The Plaintiff and the Defendant shall pay to the Plaintiff the loans of credit guarantee foundations that have been lent on the Plaintiff’s credit by dividing 500,000 won each month by 500,000 won from the date of full payment of principal and interest, and deposit them into the account passbook of the new bank which is the lending bank, 15 days each month from November 2015.

A dispute between the Plaintiff and the Defendant regarding the operation of the instant association.

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