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Reasons
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(영문) 광주고등법원(전주) 2015.12.24 2015나100940
대여금지급 등
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1. All of the lawsuits of this case that have been changed in exchange in the trial shall be dismissed;

2. The Plaintiff’s total costs of litigation.

Reasons

1. Facts of recognition;

A. The Plaintiff is the co-defendant E of the first instance trial (hereinafter “E”), the Defendant and the senior co-defendant relationship, and the Defendant, the E’s friendship relationship, leased from F the first floor store located in Daejeon Seo-gu C, and operated the restaurant in the name of “D” (hereinafter “instant restaurant”).

B. On April 15, 2012, the Plaintiff and E agreed to acquire and operate the instant restaurant from the Defendant for KRW 280,000,000.

C. On April 16, 2012, the Plaintiff: (a) remitted KRW 125,00,000 to E designated by the Defendant on April 20, 2012; and (b) paid the Plaintiff the purchase price of the instant restaurant in full; (c) on the other hand, from June 28, 2012 to January 24, 2013, the Plaintiff received KRW 15,550,000 in total of the profits from the operation of the instant restaurant from E over eight occasions.

After that, as the Plaintiff was unable to receive profits due to the decline in sales, it decided to withdraw from the partnership of the instant restaurant. Accordingly, on August 22, 2013, the Plaintiff, E, and the Defendant drafted a written confirmation as follows (hereinafter “instant confirmation”) regarding the instant restaurant:

[Certificate] On April 20, 2012, KRW 140,00,00 transferred from the Plaintiff’s (CF) account to the Defendant’s (CF) account is for the acquisition and transfer of the instant restaurant (as a result of the club business relationship between the Plaintiff and E) and the Defendant’s lease relationship with the business operator is in front of the Defendant. In the future, when the instant restaurant is sold and sold in the future, it is confirmed that the Defendant received approximately KRW 50,000 (Won 50,000,000) from the Plaintiff and E, and the Plaintiff and E will be recognized as the amount borrowed from the Plaintiff, and it is confirmed that E will pay 1% interest per month to the Plaintiff.

On February 15, 2014, the Defendant and F appeared to be a third party who wishes to purchase the rent while E is in arrears in operating the instant restaurant.

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