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(영문) 대전지방법원 2015.10.30 2014나105569
약정금
Text

1. The judgment of the first instance, including the selective claims against Defendant B added at the trial court, shall be modified as follows.

Reasons

Basic Facts

Defendant C leased 2nd floor of the F building located in Daejeon Seo-gu, Daejeon to operate E (hereinafter “instant screen golf course”) from around January 2012, Defendant C requested the Plaintiff to help the Plaintiff start the instant screen golf course.

On November 1, 201, the Plaintiff transferred KRW 5,00,000 to I, a lessor of the instant screen golf course, and KRW 27,000,000 on November 15, 201, respectively, and transferred KRW 61,00,000 from December 6, 201 to January 3, 2012, to Defendant C’s National Bank Account (Account Number: J) (hereinafter “Account Number”).

Then, from January 28, 2012 to December 21, 2012, the Defendants transferred the money as indicated in the following table to the Plaintiff via Defendant B’s account. After selling the instant scrap golf course, the Defendants re-transfering KRW 30,000,000 to the Plaintiff on February 12, 2013.

On January 28, 2012, KRW 1,191,00, KRW 00 on February 24, 2012; KRW 1,500,00 on February 28, 2012; KRW 3,500,00 on March 26, 2012; KRW 1,50,000 on April 25, 2012; KRW 30,00 on KRW 1,50,50,00 on May 29, 200; KRW 30 on June 26, 2012; KRW 1,50,000 on KRW 1,50,00 on KRW 1,50,00 on KRW 20 on KRW 31,50,00 on KRW 1,50 on July 31, 200; and KRW 50,01 on May 30, 201 on this case’s account.

[Based on the facts that there is no dispute, Gap evidence 3-1, Eul evidence 3-2, Eul evidence 8, and the result of the financial transaction information reply to the national bank of the first instance court, the plaintiff defendant C, who asserted the purport of the whole pleadings, as to the purport of the whole pleadings, the plaintiff as to the plaintiff defendant C, who operated the screen golf course of this case with the defendants, as a whole, 90,000.

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