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Reasons
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(영문) 부산지방법원 2016.10.07 2015나14652
양수금
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1. The defendant (Counterclaim plaintiff)'s appeal is dismissed.

2. The defendant-Counterclaim plaintiff's counterclaim brought at the trial.

Reasons

1. Facts of recognition;

A. On June 15, 2012, C entered into a lease agreement with the Defendant on the lease deposit amounting to KRW 100 million, monthly rent of KRW 7 million (excluding value-added tax), five years for lease (hereinafter “instant lease agreement”), and on June 19, 2012, C registered the business of operating a golf range with the trade name “F” (hereinafter “the instant golf range”).

B. On June 29, 2012, C obtained a loan of KRW 338,00,000 from the Winter Savings Bank (hereinafter “instant loan obligations”) to install golf practice range facilities, such as outdoor golf machinery, on the instant building, and the Defendant jointly and severally guaranteed the above loan obligations.

C. In fact, the instant golf driving range: (a) provided D funds to lease the instant building; and (b) installed facilities to operate the instant building; and (c) at that time C lent D business registration and the instant lease agreement and loan obligations to D; and (b) was a staff member of the said golf driving range (the head of the business team).

On the other hand, between D and D on August 6, 2012, the Plaintiff: (a) invested KRW 250 million from the Plaintiff; and (b) entered into a joint agreement with D to establish and operate a place of business for 7BIDR Class-II product and a place of business in the FF golf range; and (c) set the rate of share of expenses and profits incurred in the said place of business to pay the Plaintiff a monthly amount of investment return; (b) from June 15, 2012 to June 25, 2012, the Plaintiff transferred KRW 250 million in total to the account (D use account) in the name of G Co., Ltd. (D use account).

E. D and C between the Plaintiff on December 21, 2012, KRW 50% of the instant golf practice range-related shares on KRW 230 million between the Plaintiff and the Plaintiff ( KRW 200 million when the G stock company is invested).

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