(영문) 서울북부지방법원 2017.02.10 2016나33330

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(영문) 서울북부지방법원 2017.02.10 2016나33330

정산금 청구

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1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Facts of recognition;

A. The Plaintiff agreed with the Defendant to operate a trade in winter with the Defendant (hereinafter “instant partnership agreement”) and agreed to invest KRW 35 million per each party.

B. On November 17, 2001, the Defendant remitted the amount of KRW 5.8 million to the Plaintiff, and the Plaintiff immediately transferred the amount to the Defendant on the same day immediately after receiving the remittance.

C. On November 18, 2001, the Defendant issued one promissory note of KRW 35 million to the Plaintiff (the issuer, the Defendant, the Plaintiff, and the date of issuance, November 18, 2001, and December 17, 2001), and entered “B” in the margin of a promissory note, which received KRW 35 million in the face value.

On November 20, 2001, the Defendant paid KRW 55 million to C, which is the manufacturer of the winterer, received a one copy of a promissory note (the issuer C, the payee, the Plaintiff, the date of issuance, and the date of payment on November 20, 2001) from C, with the face value of KRW 5 million in which the payee is the Plaintiff on the same day.

E. The Plaintiff, on November 20, 2001, additionally remitted to the Defendant KRW 30,100,000,000 to the sum of KRW 5,000,000 on November 28, 2001, and KRW 30,10,000 on December 8, 2001. The Defendant, on December 14, 2001, remitted to the Plaintiff KRW 9,00,000 on December 24, 2001, KRW 4,440,00 on January 8, 200, KRW 18,610,000 on January 22, 2002, respectively.

F. From 201 to 2002, the sale of winter was low, and accordingly, the sales of winter was not set back due to the instant club business. The Plaintiff was kept at his own discretion, and the disposal proceeds became the Plaintiff. The disposal proceeds became the Plaintiff.

G. On March 13, 2011, the Plaintiff filed a lawsuit against the Defendant for a loan claim (Supreme Court Decision 2013Na15455, Supreme Court Decision 2014Da15887, supra) with the Seoul Central District Court Decision 201Da391482, and the content thereof is as seen earlier, the Plaintiff deducted KRW 1,861,00,000,000, which was remitted from the Defendant from the Defendant at KRW 65.1 million.

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