logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2019.07.19 2018가합100510
대여금
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. On September 20, 2012, if the Plaintiff invested KRW 100 million in the Defendant, and separately lends operating expenses of KRW 50 million between the Defendant and the Defendant to the Defendant, the Plaintiff entered into a business agreement with the Defendant on September 20, 2012, under which the Defendant would pay KRW 500,000 per month to the Plaintiff for the profits from the said investment until six months after the opening of the pharmacy. However, if the Plaintiff is deemed to have considerable business knowledge, the Plaintiff would be paid KRW 6 million per month even before the six-month period (if the Plaintiff is unable to work at the pharmacy, the Plaintiff would receive profits excluding the substitute wages for the third party).

B. On the same day, the Plaintiff paid KRW 100 million to the Defendant in accordance with the instant trade agreement, and leased KRW 50 million at the interest rate of 20% per annum.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. Judgment as to the main claim

A. The Plaintiff’s assertion (1) is obligated to pay the Plaintiff a total of KRW 375,00,000 (i.e., KRW 5 million per month x 75 months) from October 2012 to December 2018 under the instant trade agreement. Of them, the Defendant paid KRW 281,767,00 among them, and the Plaintiff terminates the instant trade agreement by serving the copy of the instant complaint on the ground of the Defendant’s nonperformance of the foregoing obligation. The Defendant is obligated to pay the Plaintiff a total of KRW 375,00,000 (i.e., KRW 10,000, KRW 50,000, KRW 50,000, KRW 93,23,000, KRW 375,00,000, KRW 281,767,000).

(2) The Defendant’s agreement on the payment of earnings under the instant agreement stipulates that the Plaintiff shall pay a certain amount of earnings, including wages, on condition that the Plaintiff worked at the E pharmacy. Since the Plaintiff entered into the instant agreement and did not work at the end of three months, the profits thereafter.

arrow