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(영문) 대구고등법원 2015.09.08 2014나4874
약정금 등
Text

1. Of the main part of the judgment of the court of first instance, the money that orders payment under the following among the main part of the judgment (Counterclaim Defendant).

Reasons

A principal lawsuit and a counterclaim shall be deemed to be combined.

1. Basic facts

A. The Plaintiff and the Defendant (the name before the opening of the name: C) lived at a single house with D, the Plaintiff’s father, from April 2006 to May 2012, when they were close to a middle school line, and were living in the community without any individual distinction for economic life while operating the clothing store.

B. From February 11, 2003 to October 11, 2012, the Plaintiff and the Defendant traded money more than 160 million won through account transfer, etc. during the said period, the Defendant: (a) sold the Defendant’s share to the Plaintiff out of the old-si U.S. U. on December 16, 2006 and provided the Plaintiff with a real estate sales contract stating that the payment was paid in full; (b) made a will on December 30, 2009 to testamentary gift of all the Defendant’s property under the Plaintiff’s name to D, his wife, and (c) issued the Plaintiff a loan certificate of KRW 30 million on December 3, 2010 to the Plaintiff; and (d) on June 25, 2011, the Defendant set up a collateral security contract with the Plaintiff as the maximum debt amount of KRW 165 million and KRW 250 million on the land and the land owned by the Defendant, and the Plaintiff 250 million on June 25, 2019.

C. Meanwhile, from March 29, 1996, the Plaintiff operated the clothing store (hereinafter “F”) with the trade name “F” in the Gu, American, and the name of the above store was changed to the Defendant on July 1, 2006, and thereafter, used the H bank account (I) and J bank account (K) account in the name of the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 24, 25, 32, 33, Eul evidence Nos. 1, 10, 23, 32, 35-1 through 5, and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion is that, since July 2006, the Plaintiff was employed as a professor of the Ministry of Social Sports at P University and became unable to engage in competitive business, the Plaintiff’s assertion is operating G stores lending the Defendant’s name.

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