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(영문) 수원지방법원여주지원 2012.09.28 2012가단1193
대여금
Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On October 28, 2010, Plaintiff B, along with Defendant C, provided Plaintiff B and E with the patent technology for the manufacture of the Sucho fishing market, and provided Defendant C with the patent technology for the manufacture of the Sucho fishing market, and entered into a partnership agreement with Plaintiff B and E, and Defendant C with the content that each share of 50% of the earnings.

B. As a result of the Plaintiff B and Defendant C’s withdrawal from the partnership due to the Plaintiff’s failure to perform their investment obligation, the Plaintiff and Defendant C agreed to add or delete some of the provisions in the above partnership agreement, including the content that the Plaintiff B and Defendant C would distribute the earnings at the respective rates of 50.1% and 49.9%, and then registered as the business operator under the Plaintiff’s name on June 27, 201.

C. From April 27, 201 to November 1, 201, the sum of KRW 81,972,000 was transferred from the Agricultural Cooperative Account (Account Number: G) in the name of the Plaintiff or the community credit cooperatives account (Account Number: H and I) in the name of the Plaintiff A, which is its wife, to the post office account (Account Number: J) in the name of the Defendant D, Defendant C, as shown in the attached Form.

Around November 8, 2011, Defendant C received the F Agricultural Cooperative Card in the name of F (hereinafter “instant card”) to use for settling various expenses incurred from the business from Plaintiff B, and settled the amount of KRW 2,630,000 with the instant card from November 10 to December 13, 201 of the same year (i.e., KRW 2,364,100 from November 10 to December 22, 2011).

[Ground of recognition] Unsatisfy facts, Gap evidence 1, 4, 5, 6, Gap evidence 10-2, Gap evidence 20-1, 3, Gap evidence 24, Eul evidence 2, 11, the fact inquiry results with respect to Korea Post, the purport of the whole pleadings, and the purport of the argument.

2. Assertion and determination

A. The plaintiffs asserted that they were transferred from each of the plaintiffs' respective accounts under the name of the plaintiffs to the account under the name of the defendant D, 82,006,200 won, separate from the partnership relationship between the plaintiff B and the defendant C.

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