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(영문) 서울남부지방법원 2016.04.07 2015가단27839
약정금
Text

1. The Defendant: (a) KRW 175 million to the Plaintiff; and (b) KRW 20% per annum from June 23, 2015 to September 30, 2015 to the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff and the Defendant, from November 2008, registered the Plaintiff’s business and operated a semiconductor equipment company whose trade name is “C” as a partnership business with the Plaintiff’s business of purchasing machinery, leasing factories, etc., and the Defendant, taking charge of manufacturing and operating goods.

B. From the Defendant’s type D, the Plaintiff purchased three drying machine with a face value of KRW 50 million in the market price, cambling and smuggling, cambling tools, wire-componsers, electric-componers, 5 V-based machinery, and oil pressure-based container equipment, etc. (hereinafter “instant machinery”). D deposited KRW 17 million on August 31, 2009, KRW 310,000 on March 17, 2010, and KRW 10 million on April 2, 2010.

C. On February 23, 2010, the Plaintiff established a right to collateral security with a new bank in order to purchase apartment-type factories in Bupyeong-si, Bupyeong-si, and took out loans of KRW 300 million and imposed interest thereon. On February 21, 2013, the Plaintiff sold the aforementioned factory, and repaid KRW 354,024,971 until February 27, 2013.

On September 21, 2012, the Defendant transferred the instant machinery, etc. to F in Sungsung City, which forged and leased the Plaintiff’s name.

E. C closed on March 31, 2013.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 3 through 5, 20, 24 through 27, 30 (including branch numbers), Eul evidence Nos. 2, and the purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, it is reasonable to view that the partnership between the plaintiff and the defendant was terminated by the defendant's illegal reversal on September 21, 2012, and that the profit and loss during the partnership business period are equally borne by the defendant and the funds and physical facilities provided by the defendant for the partnership business are subject to the settlement of accounts. Accordingly, as the plaintiff seeks, the defendant is obligated to settle the loans of KRW 300 million and KRW 175 million each of the value of the mechanical asset of this case, 1/200,000 won.

Therefore, the defendant shall promote the lawsuit from June 23, 2015 to September 30, 2015, which is the day following the delivery date of a copy of the complaint of this case filed by the plaintiff against the plaintiff as to the above settlement amount of KRW 175 million.

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