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(영문) 춘천지방법원 강릉지원 2017.01.17 2016가단802
계금
Text

1. The Plaintiff:

A. Defendants B, C, and D are jointly and severally liable for KRW 43,500,000 and the aforementioned amount from November 29, 2015 to February 18, 2016.

Reasons

1. Basic facts

A. On October 29, 2014, Defendant B joined six units in the aggregate of three units, two units, four units, two units, and two units, two units, two units, and six units, respectively.

B. On December 29, 2014, Defendant C subscribed to the 3 unit and 4 unit in the aggregate of 2 unit and 9 unit in the 3 unit and 9 unit operated by the Plaintiff (500,000 won in one unit).

C. On December 30, 2014, Defendant B received KRW 27 million of the previous two accounts and KRW 27 million of the previous two accounts on January 30, 2015, and KRW 27 million of the previous two accounts on January 30, 2015, Defendant D and C respectively, and Defendant C received KRW 27 million of the previous two accounts on February 28, 2015, and Defendant C prepared and executed the loan certificates and notarial deeds jointly and severally guaranteed by Defendant B and D.

In August 4, 2015, Defendant C was expected to receive the amount of the 2nd unit of the 9th unit of the 9th unit of the 2nd unit of the 2nd unit of the 2015, and Defendant B was expected to receive the said amount, and the Plaintiff demanded the preparation of a promissory note No. 54 million won for the total amount of the 4th unit of the 4th unit of the Defendants received. Accordingly, Defendant B issued a promissory note No. 54 million won for the 54 million unit of the face value guaranteed and guaranteed by Defendant E and C, and delivered it to the Plaintiff.

E. On August 11, 2015, Defendant C received the fraternity of KRW 13.5 million from the Plaintiff, and thereafter, the Plaintiff refused to pay the fraternity more on the ground that Defendant C and C did not operate the store as promised.

F. The Defendants, by July 29, 2015, paid the fraternity normally until July 29, 2015, and paid KRW 5 million to the six-year accounts on October 31, 2015, and Defendant B, and Defendant C, did not pay the fraternity after paying a total of KRW 11 times in total, and KRW 9 times in total.

[Ground of recognition] Evidence Nos. 1-1 to 3, Evidence Nos. 2, 3, and 6, and the purport of the whole pleadings

2. Determination

A. In this case due to the settlement of accounts, the fraternity between the Plaintiff, Defendant B, and C did not pay the fraternity any more than the Defendants around November 29, 2015, and the Plaintiff paid the fraternity.

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