(영문) 서울북부지방법원 2019.01.29 2017가단139005

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(영문) 서울북부지방법원 2019.01.29 2017가단139005

대여금

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1. The Defendant’s KRW 6,00,000 as well as 5% per annum from April 25, 2018 to January 29, 2019 to the Plaintiff.

Reasons

1. Basic facts

A. The original and the Defendant agreed to jointly operate the store located in Seongbuk-gu Seoul and the first floor by leasing the store located in Seongbuk-gu Seoul and agreed to operate the store, each of which invested KRW 30,000,000, and the Defendant leased the said store to KRW 10,000,000 under the name of the Defendant and commenced the business around May 2017.

B. On April 26, 2017, the Defendant borrowed KRW 30,000,00 from D, a liquor company (hereinafter “D loans”), and decided to repay the said loans in installments over 20 installments from May 25, 2017 to 1,50,000 each month.

C. The Plaintiff: (a) the Defendant’s profits from operating the said store at the credit cooperative account in the name of the Defendant, the head of the Tong; (b) the Plaintiff stated the Plaintiff 1,090,000 on July 11, 2017; (c) Defendant 1,230,000 won on August 7, 2017; (d) Defendant 2,270,000 won on September 7, 201; (e) Plaintiff 3,101,735 won on September 11, 2017; and (e) the amount of eight months on September 3, 301; (e) the amount of eight months on September 3, 398, 208, and the amount of eight months on September 11, 2017, as the amount of eight months on August 2017.

D) The Plaintiff has distributed each of them. As of September 11, 2017, the Plaintiff worked at the above-mentioned store each day from September 1, 2017 to November 11, 201. On September 11, 2017, the last working day, the Plaintiff demanded that the Defendant return the investment amount, etc. premised on the termination of the partnership relationship. E) The Defendant, alone, operated the above store, suspended its business on or before December 14, 2017, and received 25,000,000 as premium from the new lessee on or before December 14, 2017. As of September 11, 2017, the balance of the Defendant’s credit union account is 6,620,91 won (the amount that completed the distribution of profits as seen earlier). The total D loan amount is 60,000,000 won to 40,000 won to 50,000 won or more, and the remainder of the pleading is 50,00.

2. The parties' assertion

A. The plaintiff's assertion.

유사 판례

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-서울동부지방법원 2020.06.05 2020가단378

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-수원지방법원 2019.05.01 2018나6768

-광주지방법원 2018.07.19 2018가합51626