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(영문) 제주지방법원 2020.08.26 2019나13858
구상금
Text

1. The part of the judgment of the court of first instance against the Defendant (Counterclaim Plaintiff) that exceeds the lower payment order.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff and the Defendant from around 2006 to have come to the school as a tobacco, and have come to the school around March 2016.

B. On March 2008, the Defendant opened a household store with H as the trade name “H” (hereinafter “the instant household store”) with H around March 2008, and received a loan of KRW 100,000,000 from E Bank (hereinafter “the instant loan”).

C. On March 11, 2008 upon the Defendant’s request, the Plaintiff set up a collateral security (hereinafter “instant collateral security”) with respect to the Defendant with respect to the amount of 2152m2,00m2, which is owned by him, in order to secure the obligation of the instant loan to the E Bank on the part of the Defendant, which is KRW 130,000,000,000.

The Plaintiff and the Defendant manage the profits earned from the operation of the household store as a separate deposit account, and decides to omit the income, and deposit and manage KRW 537,543,639 out of the sales from March 31, 2009 to December 31, 2015 in the savings account under the Plaintiff’s name.

In the end, the defendant paid 102,453,90 won in total under the name of global income tax and the additional collection charge of value-added tax from September 30, 2016 to 2015.

E. On December 30, 2013, the Plaintiff purchased a multi-household house located in JJ at Jeju-si, and the Defendant, on December 31, 2013, remitted KRW 30,000 to the Plaintiff for use as the said house purchase fund.

F. On September 19, 2014, the Plaintiff sold K’s real estate at Jeju, and transferred KRW 100 million to the Defendant’s bank account. On the same day, the said KRW 100 million was appropriated for the repayment of the instant loan obligation, and the instant collateral security was cancelled.

G. Around 2016, G, a legal marital relationship with the Defendant, filed a lawsuit with the Jeju District Court seeking compensation for mental damage caused by the Defendant’s and the Plaintiff’s illegal act.

The appellate court of the above case shall have jurisdiction over G.

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