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Reasons
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(영문) 서울중앙지방법원 2018.11.15 2018가합513189
대여금
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1. The Defendant (Counterclaim Plaintiff) shall pay 100,000,000 won to the Plaintiff (Counterclaim Defendant) and its payment from June 8, 2017.

Reasons

1. The principal lawsuit and counterclaim shall also be deemed to exist;

A. The Plaintiff and the Defendant continued to engage in monetary transactions by lending money or introducing an investing entity, which came to know from May 2013.

B. From January 10, 2014, the Plaintiff leased Nos. 4 and 5 of the first floor of the building located in Heung-gu, Young-gu and operated the “F coffee shop” (hereinafter “instant coffee shop”) from around January 10, 2014, and operated the instant coffee shop with the Defendant from around September 4, 2014.

C. On August 10, 2015, the Defendant leased the Plaintiff’s G Building Hho Lake (hereinafter “instant H”) owned by the Plaintiff, and paid KRW 120 million to the Plaintiff. After that, the Defendant left the said building and was returned from the Plaintiff on March 31, 2016, KRW 20 million out of the lease deposit.

On June 7, 2016, the Plaintiff and the Defendant settled down a mutual agreement with the Defendant to operate the instant coffee shop independently, and drafted the following contents:

(2) The Plaintiff agreed that the Plaintiff shall pay 390 million won (i.e., the purchase price (i., the price of KRW 380 million) (i.e., the price of KRW 100 million) to the Defendant, and all rights to KRW 190 million (i.e., the price of KRW 380 million) as to the instant coffee shop’s right to the instant coffee shop and KRW 100 million (i.e., the price of KRW 390 million). The Plaintiff agreed that the Plaintiff shall pay KRW 190 million after deducting the sum of KRW 100 million (i.e., the hospital and the investment amount of KRW 390 million) from the total price of KRW 390 million (i.e., the price of KRW 390 million).

On June 7, 2016, the Plaintiff and the Defendant agreed to pay KRW 90 million until December 23, 2016 with the loan amount of KRW 190 million out of the transfer proceeds of this case as the loan amount of KRW 190 million.

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