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(영문) 수원지방법원 2019.12.18 2019나54467
대여금
Text

1. All appeals filed by the Defendant (Counterclaim Plaintiff) against the instant principal lawsuit and counterclaim are dismissed.

2. The costs of appeal shall be the principal lawsuit.

Reasons

The principal lawsuit and counterclaim shall also be deemed to have been filed.

1. Basic facts

A. On April 7, 2015, the Plaintiff, along with C and D, jointly established the Defendant in order to operate the E F Commercial Building Underground (hereinafter “instant store”) at the first floor located in Seongbuk-gu, Sungnam-si (hereinafter “instant store”).

B. Around that time, the Defendant: (a) leased the instant store from the lessor F Management Body in the name of C to the lease deposit amounting to KRW 50 million, monthly rent of KRW 4.5 million (excluding value-added tax; hereinafter the same shall apply); (b) on December 1, 2015, the lessor continued to operate the Pice Center on a lease deposit amounting to KRW 30 million and KRW 3.5 million in monthly rent; (c) on a lease deposit basis, part of the instant store from the lessor, the Defendant continued to operate the Pice Center on a lease deposit amount of KRW 20 million and KRW 1 million in monthly rent of KRW 1 million; and (d) the Plaintiff operated the individual workplace (hereinafter the “Plaintiff’s business”).

C. Around August 2017, C expressed his/her intent to withdraw from the instant partnership relationship, and filed an application for adjustment against the Plaintiff and D seeking the return of investment amount. During that process, C withdraws from the office of representative director of the Defendant, and transferred C’s shares to D, but without being paid the transfer cost, C agreed that the obligation under the vehicle lease agreement jointly and severally guaranteed by C is liable for D (Defendant) and the same content was concluded on November 24, 2017.

(Ground for recognition) The facts that there is no dispute over the Seoul District Court's 2017s. [Ground for recognition], Gap's 7, 9, Eul's 1, 7, 46, and 48, and the purport of the whole pleadings.

2. Determination as to the claim on the principal lawsuit

A. Comprehensively taking account of the overall purport of Gap evidence Nos. 1 through 3, 5, 8, Eul evidence No. 1 and Eul evidence No. 1 as to the cause of the claim, the Plaintiff’s interest rate of KRW 30 million from G Bank per annum and interest payment date as of August 19, 2016 to be used as Defendant’s operating funds.

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