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Reasons
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(영문) 대구지방법원 2017.08.30 2017나832
청산금
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1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The parties' assertion

A. The plaintiff's assertion that the plaintiff lent the defendant's name to operate C and D points (hereinafter "D points") as a partnership business, and invested KRW 13,600,00. Upon termination of the partnership business agreement, C returned the above investment amount of KRW 13,600,000 to the defendant, and the defendant keeps the above money for the plaintiff. Thus, the plaintiff asserts that the remaining 12,000,000 won, excluding the signboard expenses of KRW 1,60,000,000, out of the above money, should be returned to the plaintiff.

B. The defendant's assertion that although F, who is the plaintiff's holder or F, has undertaken all of the activities related to D's operation, the plaintiff was only carried out as his agent on the ground that he is a person with bad credit standing, and thus, the defendant does not have any obligation to return the deposited money

In addition, even if the duty to return the custody fee to the Plaintiff is acknowledged to the Defendant, the Plaintiff is obligated to pay the Defendant the sum of KRW 10,000,000,000, and KRW 10,000,000,000,000,000,000,000,0000,000,000,000,000,000,000,000,000,000,000,000,000 for the signboards paid by the Defendant, and KRW 1,60,000,000,000,00,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00

2. According to each of the statements in Gap evidence Nos. 1, 2, 3, and Eul evidence Nos. 8 (including a serial number, if any; hereinafter the same shall apply), the defendant prepared a power of attorney to the plaintiff that the defendant lent the name to the plaintiff in relation to the operation of the D store. The defendant prepared a partnership contract for the operation of C and D store, and C returned the amount of KRW 13,60,000 invested under the conditions of D store operation around February 13, 2014 to the defendant.

However, the following circumstances, which are acknowledged by the facts without dispute, the entries in Eul-B and Eul-B and the purport of the whole arguments, are as follows:

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