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(영문) 인천지방법원부천지원 2017.06.20 2016가단106850
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. In addition to the purport of the entire argument as to the ground for the claim No. 1-1, the Defendant borrowed a bill on March 18, 2014 from the Plaintiff (hereinafter referred to as “the borrowed money”), from the end of June 2014, and from the end of July 2014, the 500 million bill from the end of July 2014, and from the end of August 2014, the 100 million bill from the end of August 2014, and the 100 million bill from the end of September 2014 to the end of September 2014, the Defendant is obligated to pay the Plaintiff the above bill and damages for delay, barring any special circumstance.

2. Judgment on the Defendant’s assertion of set-off agreement

A. The Defendant asserts that the Plaintiff agreed to set-off both claims and obligations between the Plaintiff and the Plaintiff. As such, the following facts are acknowledged in addition to the respective descriptions and voice of the evidence of No. 1-2, No. 1-2, No. 1-2, No. 1-9, No. 11-1, No. 17 (including paper numbers), and the purport of the entire pleading.

(1) On October 26, 2013, the Plaintiff, the Defendant, and D agreed that the Plaintiff will make an investment in the said 3 million won when entering into a partnership agreement with the Plaintiff E Co., Ltd. (hereinafter “instant company”) operated by the Defendant and the FF limited liability company, and that the Plaintiff will own 300,000 shares of the Company, and that the Plaintiff, C, and D will own 30% shares of the Company and 10% shares of the Company.

(2) The Plaintiff paid 300,000 of the above investment amount to the Defendant, and acquired shares equivalent to 70% of the shares of the instant company, including C and D’s shares around December 2013.

(3) After the Plaintiff’s failure to pay the remaining investment money agreed upon, which led to the Defendant’s failure to pay the remainder of the investment money, the Defendant demanded the Plaintiff to pay the remainder of the investment money, and the Plaintiff agreed to lend the 300,000 square meters of the operating fund to the Defendant and prepared the certificate of borrowing (Evidence A

(4) On April 2014, the Plaintiff paid 190,000 won out of the above loans to the Defendant.

(5) The Plaintiff’s seal interest.

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