logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2020.09.23 2020가합20443
대여금
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. On May 2016, the Defendant was invested in the manner that the Plaintiff and the Plaintiff agreed to operate the said hotel as a partnership business and paid a total of KRW 200 million from the Plaintiff or a total of KRW 200 million from the instant hotel construction cost.

B. Around June 2017, the Plaintiff demanded the Defendant to liquidate the partnership relationship and return the amount invested. Around June 25, 2017, the Defendant: (a) provided that the Plaintiff alone operate the hotel of this case from July 2017 to the Plaintiff; and (b) borrowed USD 40,000 from the Plaintiff to pay the rent for advance payment to the lessor of the said hotel building; (c) the Defendant agreed to pay the Plaintiff the amount of KRW 20,000 and the amount of the said loan to the Plaintiff by December 31, 2017 (hereinafter “the loan certificate of this case”).

C. On September 2, 2017, the Defendant remitted KRW 50 million to the Plaintiff.

On June 30, 2018, the Plaintiff expressed his intention to accept the right to operate the hotel of this case to the Defendant. Accordingly, on June 30, 2018, the Defendant determined that the transfer price of the right to operate the hotel of this case between the Plaintiff and the Plaintiff was US$ 250,000, and if the Defendant changed the representative of a corporation established for the operation of the hotel of this case (hereinafter “D hotel”) to the Plaintiff, the Plaintiff acquired the right to acquire the right to acquire the hotel of this case from the above transfer price to the Defendant after deducting the amount of the transfer price from US$ 12,200,000, the deposit money of the foreign company of the above hotel of this case (US 5,620), unpaid public charges ($ 175,000,000,0000,0000,000 won and the remaining amount after deducting the amount paid to the Plaintiff from US$ 40,000,000.)

arrow