(영문) 의정부지방법원고양지원 2015.11.27 2015가단6114

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(영문) 의정부지방법원고양지원 2015.11.27 2015가단6114

차용금

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1. The claim of this case is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. C’s conclusion of a partnership agreement shall be paid in preference to the down payment of KRW 105,540,000 on March 3, 2005, out of the investment agreement amount of KRW 300,000, and the remainder shall be paid in the remainder of the successful bid.

The plaintiff will undertake the remodeling of the above real estate instead of the investment amount.

The defendant shall pay 300 million won of the investment agreement to the remainder of the successful bid, and the remainder shall be kept by C.

In selling the above real estate, profits shall be 1/3 shares in C, the plaintiff, and the defendant, respectively, and the share in operating income shall be 30%, 30%, and 30%, respectively.

The Corporation shall make all the construction works in accordance with the design drawings, and refer to the intention of C and the defendant.

On March 2005, the Plaintiff, Defendant, and C entered into a partnership agreement with the aim of purchasing buildings located in Mapo-gu Seoul Metropolitan Government through auction, remodelling the above buildings to run the massage practice and dividing profits therefrom.

The main contents of the above contract shall be as follows:

B. According to the change of shares and the agreement on the investment of funds, the Plaintiff, the Defendant, and C agreed to invest the total amount of investment in KRW 1 billion, and the Plaintiff, the Defendant, and the Defendant agreed to make an investment in their respective shares. Since then, the shares in C are 30%, the Defendant’s shares are 30%, the Plaintiff’s shares were 20%, and the Plaintiff’s shares were 20%, and the Plaintiff’s shares were 20%, not the Plaintiff’s repair work on behalf of investment funds, but the Plaintiff borrowed KRW 200,00,000 from E and invested in them, and the Defendant managed and executed the remodeling project.

C. After the withdrawal of the Plaintiff, C withdraws from the partnership on December 2005, and around December 2008, the Plaintiff transferred his/her share to E and withdrawn from the partnership.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 4, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The plaintiff alleged that he remitted to the defendant KRW 20,000,000 on August 1, 2005, and KRW 3,000,000 on August 11, 2005.

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