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(영문) 대구지방법원 2016.12.13 2015가단8619
청산금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The plaintiff loaned the defendant's name to operate the non-party C and D as a partnership business, and invested in KRW 13.6 million. The non-party C terminated the partnership business agreement and returned the above investment amount of KRW 13.6 million to the defendant, and the defendant keeps the above money for the plaintiff. Thus, the defendant asserts that the defendant must return the remaining 12.6 million, excluding the signboard cost of D store 1.6 million among the above money.

According to the statement of Gap evidence No. 2, it is recognized that the defendant lent his name to the plaintiff in relation to the operation of the D store.

However, the statement of Nos. 1 and 3-1 and 2 alone is insufficient to recognize that an investor of the D points that the Defendant and Nonparty C operated as a partner of the partnership is the Plaintiff, and there is no other evidence to acknowledge it.

Meanwhile, in light of the following facts acknowledged by the statements in Eul evidence Nos. 3, 7, and 10, namely, the name of the depositor as of December 5, 2013, the amount of investment KRW 10 million related to D stores is E, and the fact that the Defendant and F had paid KRW 130,000 on December 31, 2013 between the Defendant and F, it is difficult to view the Defendant as the Plaintiff.

Therefore, the Plaintiff’s assertion that the money received from Nonparty C is the Plaintiff’s investment deposit is without merit.

2. In conclusion, the plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.

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