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(영문) 전주지방법원 2018.11.08 2017나12601
부당이득금반환
Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

judgment of the first instance.

Reasons

In fact, on December 2, 1999, the Plaintiff shared 7/12 shares, 4/12 shares, and D (F: hereinafter the same shall apply) shares, 1/12 shares, and 1/12 shares, respectively.

In December 199, the Plaintiff and the Defendant concluded a partnership agreement with the content that, after building a new building on the land of this case and operating a soup bank, only 1/2 of the profits would be distributed to them.

On December 199, the building of this case (hereinafter “the building of this case”) was newly constructed on the land of this case. On December 29, 1999, the registration as indicated below was completed on the building of this case.

On December 29, 1999, Plaintiff GH I 7/28 7/287/287/28 3/28 2/28 G, H, and I 2/28 G, H, and I 2/28 G, on December 29, 1999, Plaintiff 7/28 Plaintiff 7/28 borrowed 200,000,000 won from JJ around December 28, 1999 and used them for construction expenses for the instant building, and the Defendant jointly and severally guaranteed the Plaintiff’s loan obligations.

The Plaintiff and the Defendant operated soup the instant building on October 2001, and closed the business of leasing real estate from November 2001 to December 2003.

On March 22, 2006, the Plaintiff entered into a lease agreement with the Edembian Association, setting the lease term as KRW 50,000,000 for the instant building and land, KRW 2,000 for monthly rent, and KRW 2,00,00 for the lease term from March 23, 2006 to April 16, 2009.

[Ground of recognition] The facts without dispute, Gap evidence Nos. 1 and 4 (including the paper numbers), the plaintiff's assertion of the purport of the whole pleadings, and the plaintiff and the defendant asserted the purport of the whole pleadings. The plaintiff and the defendant are conducting soup business and real estate leasing business under the contract of the same case, and they suffered damages of KRW 264,830,00,000, such as loans, etc., and thus, the defendant takes up 1

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