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(영문) 전주지방법원 2017.09.27 2016가단29908
부당이득금반환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff shared 7/12 shares, the Defendant’s 4/12 shares, and D/12 shares in the proportion of 1/12 shares of 7/12 shares, 7/12 shares, and 1/12 shares.

B. The original Defendant, by investing a total of KRW 450 million, newly constructed a building on the ground of the instant land, concluded a soup contract to operate soup and distribute the proceeds therefrom in half each (hereinafter “instant club contract”).

C. The original Defendant newly constructed a building on the ground of the instant land (hereinafter “instant building”) in accordance with the instant trade agreement, and completed registration of initial ownership on December 29, 199 with respect to the instant building on December 29, 199, either Plaintiff 14/28 and Defendant 28’s share.

The original Defendant operated soup a soup bank at the instant building, and closed the business around October 2001.

E. On December 31, 2013, the original Defendant completed the accounting of the partnership’s property until the time.

[Ground of recognition] Facts without dispute, Gap evidence 1-1 and 2, the purport of the whole pleadings

2. The parties' assertion

A. While constructing the instant building, the Plaintiff asserted that the Plaintiff obtained a loan of KRW 200 million from a financial institution under the name of the Plaintiff as collateral, the Plaintiff paid interest with the proceeds of making soup, and paid the interest even after making soup.

The above loans were repaid.

After entering into the instant partnership agreement, damages of KRW 260,4830,000,00 were incurred, and the Defendant bears KRW 14,565,00,000,000, which is a half of the above amount. Thus, the Defendant is obligated to pay the Plaintiff the above KRW 14,565,00 and the damages for delay.

B. The defendant's assertion that he would withdraw from the partnership, and on December 31, 2003, the defendant did not receive the distribution of the profits, but thereafter.

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