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(영문) 서울중앙지방법원 2018.07.13 2017가합526874
기타(금전)
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff and Defendant B are their children, and Defendant C, D, and E are children of Defendant B.

B. The Plaintiff borrowed KRW 162,00,000 from the Defendants at an annual interest rate of 5% from June 3, 2009 to August 31, 2009 in order to raise money to be used as funds for opening and operating the medical care center.

(hereinafter referred to as “the instant loan”). C.

On June 2009, the Plaintiff opened and operated the G Medical Care Center (hereinafter “instant Medical Care Center”) from the fourth or sixth floor of the building on the F of Yeongdeungpo-gu Seoul Metropolitan Government. Upon the Plaintiff’s request, Defendant B served as an employee of the restaurant for about one year from the time of opening the instant Medical Care Center, and was not paid by the Plaintiff.

On May 2010, the Plaintiff, who opened the instant medical care center and operated the said center independently, was subject to a disposition of business suspension for 4 months from the supervisory agency around May 2010, promising the Defendants to pay a certain amount of benefits to Defendant C and to repay the borrowed money and interest thereon. The Plaintiff changed the representative of the instant medical care center to Defendant C and operated the instant medical care center from around that time along with the Defendants.

E. The Plaintiff and the Defendants sold the instant medical care center to a third party on November 13, 2014, and closed the business on December 15, 2014.

F. The Plaintiff and the Defendants settled the accounts following the closure of the instant medical care center, including the Plaintiff’s obligations to the Defendants of the instant loan.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, Eul evidence 1, Eul evidence 1, 2, and 4 (including numbers, hereinafter the same shall apply), the purport of the whole pleadings

2. The summary of the Plaintiff’s assertion is that the Defendants jointly and severally pay to the Plaintiff the sum of the settlement amount to be paid by the Defendants to the Plaintiff as a result of the closure of the medical center in this case. The Defendant C in the account of the medical center in this case.

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