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(영문) 수원지방법원 2015.07.01 2015나1649
물품대금 등
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. The reasoning of the court’s explanation of this case is as stated in the reasoning of the judgment of the court of first instance, except for the part as modified in the following 2. paragraph, and thus, this is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The amended part of the first instance court's judgment 6th to 13th 6th 10th 13th 13th 2th 2th 200 [In addition to Defendant B's being paid the rent of KRW 4,00,000 due to the sub-lease, the Plaintiff alleged that Defendant B agreed to operate the instant restaurant in addition to receiving the rent of KRW 4,00,000 from Defendant C, but it is not sufficient to recognize the above assertion solely on the statement of the commercial lease contract (a evidence No. 1); there is no other evidence to acknowledge it

In addition to receiving monthly rent of KRW 4,00,000 from Defendant C for sub-lease, the Plaintiff asserted that Defendant C and the instant restaurant were separately paid KRW 3,30,000 each month, and that global income tax agreed to divide profits or to share losses by operating the instant restaurant as a partnership or operating the instant restaurant with Defendant C by sharing it with Defendant C. However, in light of the respective descriptions of evidence Nos. 19 (Fact-Finding Certificate), Eul No. 20 (No. 20), and Eul No. 22 (No. 22), each entry of evidence No. 6-17 (Written Answer), evidence No. 1 (Trademark Lease Contract), and evidence No. 1 (Trademark Lease Contract) is insufficient to acknowledge the above assertion, and there is no other evidence to acknowledge it.

3. Therefore, the judgment of the court of first instance is legitimate, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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