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(영문) 울산지방법원 2017.12.20 2016가합22499
채무부존재확인
Text

1. According to the association agreement that provides the operation of C around the beginning of June 2015 between the Plaintiff and the Defendant as a joint business, the Defendant’s February 2016.

Reasons

1. Basic facts

A. On April 2015, the Plaintiff and the Defendant: (a) invested each KRW 40,00,000 in KRW 40,000; and (b) entered into a partnership agreement with C to jointly operate food materials distribution business in the trade name of C; and (c) divide the profits accrued from the operation of C into half.

B. C opened a business on June 8, 2015. At the time of its opening, C invested the Plaintiff’s KRW 50,000,000, and the Defendant’s KRW 40,000,000, respectively.

C. On November 18, 2015, the Defendant received money of KRW 30,000,000 from the Defendant’s mother, and remitted the money to the Plaintiff. Around May 2016, the Defendant’s wife was divorced from the Defendant.

E paid KRW 10,00,000 to the Plaintiff in cash on June 7, 2015. The Defendant’s mother F, the Defendant’s mother, remitted KRW 40,000,000 to the Plaintiff on August 17, 2015, and KRW 30,000,000 on October 12, 2015, and KRW 30,000,000 on January 28, 2016, respectively, and the Defendant’s wife’s wife, the Defendant’s wife, transferred KRW 10,00,000 to the Plaintiff on November 2, 2015.

(hereinafter referred to as the “instant payment”) d. of the said money collectively.

On February 29, 2016, the Defendant expressed his intention to withdraw from the instant trade agreement to the Plaintiff orally, thereby withdrawing from the instant trade agreement.

E. On February 29, 2016, the Defendant withdrawn from the instant trade agreement at the same time (i.e., KRW 158,231,233 in the balance of accounts receivable in KRW 158,231,33 in the sales of goods, such as food materials, etc. (i.e., KRW 86,989,680 in the amount of non-distribution operating income of KRW 2,310,523 in the amount of non-distribution operating income of KRW 8,173,984 in the sales of accounts in the amount of KRW 92,285,53 in the aggregate).

[Reasons for Recognition] In the absence of a dispute, entry of Gap evidence 1 to 4, 6, 8, 10, 11 to 13, Eul evidence 2 (including serial numbers), the result of the court's entrustment of market price appraisal to appraiser I, the purport of the whole pleadings

2. Determination

A. On February 29, 2016, the Defendant asserted by the Plaintiff 1, raising an oral objection to the Plaintiff around February 29, 2016.

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