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(영문) 서울서부지방법원 2014.08.29 2013가합9369
대여금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

Basic Facts

The Defendants, as married couple from May 26, 199 to Seodaemun-gu Seoul Metropolitan Government, are entering into a business registration under the name of the Defendant C with the trade name of “E” from May 26, 199.

From 2002, the Plaintiff has been engaged in monetary transactions by lending and receiving a certain amount of money between the Defendants and the Defendants.

F transferred all rights, such as the right of lease, facilities, and goodwill, to the Plaintiff on June 2006, under the name of “I” in the name of “I” by leasing the first floor store of H ground buildings in Eunpyeong-gu Seoul, Seoul (hereinafter referred to as “I”), and around June 2006, the Plaintiff operated the instant marina from around that time.

The Defendants supplied the instant marina to the instant marina from the time F had operated the instant marina, and supplied the instant marina to the instant marina even after the Plaintiff acquired the instant marina.

On September 30, 2008, the Plaintiff entered into a real estate lease agreement with Defendant B on the condition that the instant marina is leased as KRW 150,00,000,000 for the lease deposit, KRW 1,500,00 for the rent, and KRW 1,50,000 for the lease term from September 30, 2008 (hereinafter the instant lease agreement). The Defendants had Defendant C’s friendly living together operate the instant marina from that time.

As the J died on April 22, 2013, on May 31, 2013, the Plaintiff and Defendant B drafted a letter stating that “The instant lease agreement is reversed as of May 31, 2013, and the Plaintiff shall pay the Defendant B KRW 50,000,000, out of KRW 150,000,000, as of May 31, 2013, and shall pay the remainder of KRW 100,00,000 by November 30, 2013” (hereinafter each of the instant letters).

Accordingly, on May 31, 2013, the Plaintiff paid KRW 50,000,00 to Defendant B.

[Grounds for recognition] A without dispute, Gap evidence Nos. 1, 2, 10, 11, Gap evidence Nos. 5-2, Gap evidence Nos. 8-2, Eul evidence Nos. 1, 6, and 8, and the plaintiff's assertion to the purport of the whole pleadings as to the purport of the whole pleadings against the defendant B.

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