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(영문) 서울중앙지방법원 2019.04.25 2016가단5218389
기타(금전)
Text

1. All claims filed by the Plaintiff (Counterclaim Defendant) and the counterclaim claims by the Defendant (Counterclaim Plaintiff) are dismissed.

2. Of the costs of lawsuit.

Reasons

The principal lawsuit and counterclaim shall be judged together.

1. Basic facts

A. On July 2015, the Plaintiff, the Defendant, and C concluded a partnership agreement with the content that they will jointly operate the ESD lighting business (hereinafter “instant partnership agreement”), and commenced the business registration under the name of the Defendant and the ESD lighting business under the name of the “F in the D Building E” in Young-si.

B. The Plaintiff was in charge of the management of the funds and accounts related to the instant partnership business, and the Plaintiff’s account (H of the new bank) and the Defendant’s account (I and J of our bank) were used for the instant partnership business operation account.

C. Around May 2016, there is a dispute between the Plaintiff and the Defendant regarding the instant partnership business, and the Plaintiff on May 19, 2016.

20,000,000 won from the account in the name of G (New Bank H) as described in the G (New Bank H) and 10,000 won from another account in the name of G (New Bank K) to the Defendant, and on May 24, 2015, the Defendant transferred 10,000 won from another account in the name of G (New Bank K).

It transferred 20,000,000 won from the account (Korean Bank J) in the name of the defendant as stated in paragraph (d) to the defendant.

On July 7, 2016, when the Defendant’s creditor L seizes corporeal movables, which are assets of the instant partnership, the Plaintiff expressed his/her intent to withdraw from the instant partnership upon filing the instant lawsuit on September 20, 2016.

E. Upon entering into the instant partnership agreement, the Plaintiff and the Defendant purchased and used two multiple-use vehicles for operating the business (hereinafter “the instant vehicle”). The present vehicle is currently owned by the Defendant.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 6, entry of Eul evidence of Nos. 1, 7, 8, and 12 (including additional numbers), the purport of the whole pleadings

2. Summary of the parties' arguments;

A. Upon entering into the instant partnership agreement, the Plaintiff, the Defendant, and C invested KRW 50,000 in cash, respectively.

In addition, the Dong business of this case was terminated by the trust between the parties, and the defendant has invested 50,000,000 won to the plaintiff.

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