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(영문) 수원지방법원 2016.11.02 2015가단50435
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Evidence No. 1 through No. 6, the result of the Defendant’s personal examination, and the purport of all pleadings;

A. A. A. A. around May 2005, the Plaintiff and the Defendant entered into a partnership agreement between the Plaintiff and the Defendant with the content that the Plaintiff would jointly invest KRW 100 million, the Defendant would invest KRW 50 million, and the Defendant invested KRW 76 million, and the Defendant invested KRW 80 million.

B. The Defendant proposed that the Plaintiff sold the gas station of this case to the Plaintiff around October 2005, and consented thereto. Around that time, the Defendant sold the gas station of this case to the corporation and received KRW 170 million from the proceeds of sale.

C. around October 2005, the Plaintiff and the Defendant invested the above sales price in G constructed by the Defendant’s Dongbook and E in F, and upon commencement of construction, E made an agreement with the Plaintiff and the Defendant to return the principal and to transfer part of G shares thereafter. The Plaintiff and the Defendant paid the above sales price of KRW 170 million to E.

E and LAH on October 6, 2005 issued and delivered to the Defendant a promissory note, the face value of which is KRW 170,000,000,000,000,000 for the due date, the place of issue, and the place of payment.

E. E requested the opening of a bank account under the name of the Defendant to the extent that it is difficult for the Defendant to open a bank account due to default of national taxes, and transferred the account to E under his own name. E, under the initial living expenses, from the above national bank account to the Plaintiff on May 15, 2009, KRW 3.5 million on May 28, 2009, KRW 200,000 on June 3, 2009, KRW 4 million on July 2, 2009, KRW 3 million on July 16, 2009, KRW 4 million on July 22, 2009, KRW 3 million on July 3 million, 200, KRW 3 million on August 3, 2009, KRW 3 million on August 3 million on August 3, 2009, KRW 9 million on August 24, 200, KRW 9 million on August 29, 2005.

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