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(영문) 수원지방법원 2017.07.04 2016나66490
대여금
Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. In full view of the purport of Gap evidence Nos. 16-1 through 5 as to the cause of the claim and the whole pleadings, the plaintiff agreed to lend KRW 20,00,000 to the defendant on July 17, 2012, with the interest rate of KRW 1% per month and due date of December 17, 2012. On July 18, 2012, the plaintiff paid KRW 19,000,000 after deducting KRW 1,00,000 from the defendant on May 18, 2012; the plaintiff paid KRW 30,000,000 to the defendant on December 6, 2012; the plaintiff agreed to lend KRW 30,00,00 to the defendant on June 5, 2013; the plaintiff paid KRW 1,80,000,000 for each of the above claims to the defendant after deducting KRW 30,000,300,000.

Therefore, according to the above facts of recognition, the defendant is obligated to pay the plaintiff the total amount of the above loans of KRW 50 million and interest or damages for delay, unless there are special circumstances.

(hereinafter “instant loan”). 2. Judgment on the Defendant’s assertion

A. Basic facts 1) The Defendant’s fishery partnership corporation (hereinafter “instant partnership”) around July 2013.

B) As to the instant association, the Defendant agreed to allocate “3% of the shares of the instant association in return for the instant association’s opening, external public relations, consultation service, and practical affairs for the instant association’s exploitation project, and the instant association agreed to allocate “3% of the shares of the association that are reasonable for the instant association” to the Defendant (hereinafter “instant allocation agreement”).

(2) On August 30, 2013, the Defendant excluded the Plaintiff from the scope of investment in the instant partnership. The Plaintiff invested the Plaintiff in the instant partnership with the instant partnership and D fisheries partnership (a combined two corporations; hereinafter “instant partnership, etc.”) on August 30, 2013, KRW 30 million on August 30, 2013, KRW 30 million on September 6, 2013, KRW 150 million on September 30, 2013, KRW 150 million on September 30, 2013, and KRW 50 million on September 30, 2013, KRW 30 million on the instant partnership, and KRW 30 million on August 30, 2013.

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