(영문) 서울중앙지방법원 2020.09.22 2019가단5080004

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(영문) 서울중앙지방법원 2020.09.22 2019가단5080004

대여금

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The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. Since around 2013, C and the Defendant, who are the Plaintiff’s ancillary, operated the said heading house with the mutual name “D”, and arranged the said heading house. From June 2014, Seoul Mapo-gu’s eightth floor of the building, “F” (hereinafter “instant club”) operated as a club business.

B. The Defendant and C leased the interest of KRW 100,000,000 per month from the Plaintiff due to the shortage of funds in the course of opening the instant club. The Defendant and C used the store interior cost, etc. on the condition that they pay interest of KRW 2.5 million per month.

At the time, the Defendant and C promised to pay to the Plaintiff the principal amounting to KRW 50 million and interest KRW 1,250,000 per month. Accordingly, the Defendant, on July 2, 2014, prepared a loan certificate stating that “The principal amounting to KRW 50,000,000 shall be borrowed from the Plaintiff and the interest shall be paid KRW 1,250,00 per month, and the instant club shall be deemed as a partnership business and borrowed the said money for this purpose,” and issued it to the Plaintiff.

(hereinafter “instant loan”). (c) The instant loan

The Defendant and C jointly operated the instant club, and the profits therefrom have also been distributed. From March 2016, the Plaintiff and C drafted a partnership agreement on the joint operation of the instant club on March 4, 2016.

(hereinafter referred to as the “instant club business agreement”). The content is that “The shares of the Defendant and C with respect to the operation of the instant club are 50% each, and the profits and expenses according to the instant club operation shall be allocated according to their respective shares ratio.”

The Defendant and C sent the instant club to its annual relationship from around June 2016 to January 2017. The instant club was closed on May 31, 2017.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, 7 through 12, 15, Eul evidence Nos. 1, 6 and 7, and the purport of the whole pleadings

2. Summary of the parties' arguments;

A. The plaintiff 1 is the defendant and C of this case.

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