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Reasons
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(영문) 대구지방법원 2013.11.29 2011가단75024
대여금
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1. The Defendants are jointly and severally liable to the Plaintiff for KRW 12,236,338 and KRW 7,000 among them, from November 12, 201 to December 2013.

Reasons

1. The following facts do not conflict between the parties, or the testimony of Gap evidence 2-1, 2, 3, 4, 5-1, 2, 3, 6-2, 8-2, 5-2, 2-2, and 6-3, Eul evidence 2, 3 through 8-1, 2, 12-1, 2, 13-2, 15-1, 16, 20, 21, 22-2, 23, 24-1, 25-2, 25-1, 26, 28, 30-1, 25-2, 30-1, 35, 37, 38-39, and 15-2, 15-2, 16, 20, 23, and 24-1, 25-2, 30-2, 31-1, 37, 39-39.

The plaintiff became aware of the defendant C, who is the spouse of the defendant C and the defendant C, through D, as a pro-friendly relationship with D.

B. On February 201, the Plaintiff, among the Defendants, who had already run a restaurant (E) with the trade name “E”, provided a new restaurant (hereinafter “instant restaurant”) to operate the same; and on February 28, 2011, issued KRW 20 million to the Defendants as investments.

C. After that, the Plaintiff and the Defendants returned to the restaurant in Daegu and agreed on the type and location of the restaurant to be engaged in the same business on May 201, 201, and then to operate a new restaurant. The Plaintiff invested a total of KRW 65 million with respect to the conditions of the same business, and the Defendants agreed to provide technology and know-how, and to provide a share of the Plaintiff and the Defendants to 50:50.

The Plaintiff granted the Defendants KRW 40 million with additional contributions on May 6, 201, and KRW 5 million on May 16, 201, pursuant to the said business agreement. The Defendants concluded a lease agreement with H as of May 5, 201, setting the Plaintiff’s investment amounting to KRW 65 million on May 27, 201, and KRW 30 million with H as a premium. On May 27, 2011, the Plaintiff paid KRW 10 million with respect to the said restaurant building between H, the owner of the said restaurant building, and H, the lease deposit amounting to KRW 25 million on the said restaurant building and KRW 25 million on May 27, 2011, and the term of lease was set as the lease agreement from May 27, 201 to May 27, 2011, and thereafter, the lease deposit was made to H on January 27, 2011.

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