(영문) 대전지방법원 2018.01.09 2017가단5034

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(영문) 대전지방법원 2018.01.09 2017가단5034

대여금

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1. The Defendant (Appointed Party)’s interest in KRW 48,623,389 and its interest in the Plaintiff from December 31, 2016 to January 9, 2018.

Reasons

Facts of recognition

A. D around February 2014, leased the first floor store of the building E in Daejeon-gu, Daejeon-gu, with a deposit of KRW 50,000,000,000, and D opened the retail store of the trade name, “FE” in its own name after registering its business and opening the store (hereinafter “instant marina”).

B. D borrowed a total of KRW 150 million at 3% per annum from the Plaintiff, a branch from February 2014 to June 2015, 2015, with interest rate of KRW 150 million on several occasions, and paid KRW 80 million out of the principal until January 2016.

C. Around August 2015, D agreed to receive KRW 120 million from the Defendant (Appointed Party; hereinafter “Defendant”) and entrust the Defendant with the entire business of the instant marina, and that the Defendant would receive KRW 4 million from the monthly income.

Accordingly, the Defendant operated the instant marina from August 15, 2015.

D In December 2015, since it was faced with economic difficulties due to personal debt, etc., it was proposed to the defendant to acquire the business of this case in a final manner and obtained the consent.

E. Four members of D, the Plaintiff, the Defendant, and the Defendant’s pro-friendly designated parties C (hereinafter “designated parties”) were gathered on January 6, 2016 and discussed the issues surrounding the transfer of business of the instant marina.

In this place, D, the Plaintiff, and the Defendant agreed on the following matters:

(1) D shall transfer all the rights to lease and business of the instant marina to the Defendant, and the Defendant shall pay D additional KRW 70 million to D, in addition to KRW 120 million paid with the transfer proceeds.

Provided, That since the defendant is a business owner under leave of absence, it is impossible to register his/her business in his/her name, the transferee of the business transfer contract and the lessee of the new lease contract with the store owner shall be registered in his/her name, and the business registration shall also be

② The Plaintiff and a notary public entrusted by D shall be the same.

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