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(영문) 서울남부지방법원 2016.01.12 2014가합110151
대여금
Text

1. As to the Plaintiff, Defendant C’s KRW 60,00,000 and its amount, 5% per annum from September 1, 2014 to January 23, 2015, and the following:

Reasons

1. The plaintiff's assertion

A. On January 2012, the Plaintiff received proposals to accept the instant swimming pool from D, together with the Defendants working in the E swimming pool operated by D (hereinafter “instant swimming pool”).

B. On March 3, 2012, the Plaintiff entered into a trade agreement with Defendant B to acquire the instant swimming pool from Defendant B by investing KRW 160 million, and divide profits therefrom into 1/2 (hereinafter “instant trade agreement”). Defendant B paid KRW 160,000,000 as its investment amount (an amount of KRW 25,50,000,000,000) to Defendant B. Defendant B acquired the instant swimming pool and started business on March 30, 2012, and Defendant C did not participate in the instant trade agreement and did not make an investment in lieu of the Plaintiff.

C. Of the proceeds accrued from April 2012 to July 2014, the instant swimming pool: (a) the money brought by Defendant B was KRW 151.6 million; (b) the money brought by Defendant C was KRW 91.5 million; or (c) the amount paid by the Defendants to the Plaintiff was KRW 44,69,000 (Defendant B paid only KRW 29.7 million from May 9, 2012 to July 17, 2013); and (d) the Plaintiff was paid to the Defendants with respect to distribution of the proceeds, and the Plaintiff was paid KRW 30,000,000 to the Plaintiff by August 31, 2014 (hereinafter “instant agreed amount”); and (b) the Plaintiff was paid KRW 301,00,000 from May 9, 2012 to July 17, 2014 to KRW 301,00,000,000 for each of the instant swimming pool.

Therefore, Defendant C paid to the Plaintiff the instant agreed amount of KRW 60 million and delay damages therefrom, and Defendant B paid the Plaintiff the proceeds of KRW 151.6 million under the instant trade agreement at KRW 44,69,69, which is the amount paid to the Plaintiff.

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