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(영문) 울산지방법원 2020.11.26 2019나15298
대여금등
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the amount ordered to be paid below is revoked.

Reasons

1. Facts of recognition;

A. On December 2012, the Plaintiff and the Defendants agreed to operate a coffee sales store in the name of “E” in Ulsan-gu, Ulsan-gu.

B. The Plaintiff and the Defendants, at the time of the agreement on the same trade, have written a letter containing the phrase “First of all, a person who was born shall be her match.”

C. On December 12, 2012, the Plaintiff transferred KRW 72,000,000,000 to the Defendants respectively, and KRW 5,000,000 on the 14th of the same month, and KRW 3,000,000 on the 18th of the same month, KRW 20,000,000 on the 26th of the same month, and KRW 20,000,000 on the 26th of the same month, and KRW 4,00,000 on the 10th of the same month, respectively.

On March 7, 2013, the Plaintiff withdrawn from the partnership relationship. From March 7, 2013 to October 6, 2014, the Defendants transferred KRW 600,000 per month to the Plaintiff, except for the transfer of KRW 495,00 on July 8, 2015 to June 8, 2017, respectively, of KRW 50,000 per month, except for the transfer of KRW 7,000 from March 7, 2013 to October 6, 2014.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 (including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination

A. The plaintiff asserts that when the plaintiff withdraws from the partnership with the defendants, the defendants agreed to return the amount of KRW 72 million as investments to the plaintiff, and that the plaintiff shall pay the interest amount of KRW 600,000 per month or KRW 500,000 per month until the return is made.

As to this, the Defendants did not agree to return their investments to the Plaintiff, and did not return their investments to the withdrawing person even in each letter prepared at the time of the partnership agreement. The Defendants asserted that the monthly payments made to the Plaintiff were not interest on KRW 72 million but paid the Plaintiff’s loan interest on behalf of the Plaintiff.

B. In addition to the above facts of recognition, comprehensively taking account of the following facts and circumstances revealed by comprehensively taking account of the respective descriptions of Gap evidence Nos. 5, 6, and Eul evidence No. 1 and the purport of the entire pleadings, the above KRW 72 million shall be imposed on the plaintiff around March 2013 that the Defendants withdrawn.

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