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(영문) 부산지방법원 2015.01.14 2013가합19505
대여금 등
Text

1. As to KRW 89,644,919 and KRW 85,00,00 among the Plaintiff, the Defendant shall pay to the Plaintiff KRW 89,64,919 from September 1, 2014 to January 14, 2015.

Reasons

1. Basic facts

A. The relationship between the parties 1) On February 20, 2006, the Defendant purchased from Nonparty C all the equipment and rights of “E pharmacy” located in Busan Dong-gu, Busan from Nonparty C for KRW 114,00,000,00, and then purchased from Nonparty C for the same place (hereinafter “the instant pharmacy”).

(2) On September 8, 2008, the Defendant entered into a contract with G and guarantor on the change of the name of the above pharmacy, and entered into a contract with G to guarantee monetary loss (national tax, medicine price, etc.) derived from the Defendant’s operation of the above pharmacy.

3) Meanwhile, on December 9, 2008, the Plaintiff entered into an agreement with the Defendant on the following terms and conditions, and obtained certification at the old law firm office in accordance with Article 12790 on December 1, 2008. The Defendant registered the instant pharmacy under the name of G and operated the said pharmacy actually by the Defendant after entering into a lease agreement. Moreover, even though the property rights (such as lease deposit, medicine, premium, and fixtures) of all pharmacies between G and the Defendant are indicated as owned by the Defendant, the actual owner is confirmed as the Plaintiff. (B) On December 31, 2010, the Plaintiff was requested to lend KRW 100 million from the Defendant to the Defendant’s funds for the operation of the instant pharmacy, and the Plaintiff was using the said pharmacy’s total account to the Defendant (such as the Plaintiff’s transfer of KRW 100,000,000,000,000,000 from the Busan Bank, and the Plaintiff was using the said account to the Defendant (the Plaintiff’s total account).

A total of KRW 100 million (hereinafter “instant loan”) was lent to the Defendant.

2. On January 30, 2013, the Defendant intended to repay KRW 100 million by August 2014.

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