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(영문) 창원지방법원 2017.07.06 2016가합691
대여금
Text

1. Defendant C’s KRW 392,219,100 among the Plaintiff and KRW 331,940,00 among them, and KRW 60,279,100 from May 28, 2016.

Reasons

1. Basic facts

A. The relationship between the parties and Defendant C are between the two parties, a dentist who is a university motive and has maintained their friendship for at least ten years, and Defendant B fisheries partnership (hereinafter “Defendant B”) is a representative director, and Defendant C is a corporation that is engaged in a funeral farming business under the audit and inspection of Defendant C.

B. The Plaintiff and the Defendants’ money transaction 1) from November 2, 201 to February 19, 2014, the Plaintiff deposited KRW 311,940,000 in total with Defendant B’s account as shown in attached Table 1, and deposited KRW 252,279,100 in total with Defendant C or D’s account from January 17, 2007 to November 6, 2014 as listed in attached Table 2. On the other hand, Defendant C deposited KRW 437,730,000 in the Plaintiff’s account as shown in attached Table 3 from November 8, 2006 to November 25, 2013.

C. The Plaintiff and Defendant C’s dental partnership relationship 1) The Plaintiff is the name of “F dental clinic” in Kimhae-si E (hereinafter “F dental clinic”).

(2) Around July 2007, the Plaintiff and Defendant C agreed to jointly accept and operate the instant dental clinic (hereinafter “instant dental clinic”). The Plaintiff and Defendant C agreed to jointly accept and operate the instant dental clinic (hereinafter “instant dental clinic”).

On July 30, 2007, the Plaintiff paid KRW 214,900,00 to the seller of the instant dental license, and on July 26, 2007, Defendant C paid KRW 58,500,000 to the lessor of the instant dental license store, and on July 30, 2007, KRW 156,60,00 to the seller of the instant dental license, respectively. On August 30, 2007, the Plaintiff paid KRW 9,185,00 to the seller of the instant dental license.

3. The Plaintiff and Defendant C changed the trade name of the instant dental clinic from August 2007 to “LB clinic” in accordance with the said business agreement. From January 2007 to January 2009.

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