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(영문) 수원지방법원 안양지원 2017.04.27 2015가단110858
대여금
Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff (Counterclaim Defendant) for KRW 85,00,000 and the amount from October 7, 2015 to April 27, 2017.

Reasons

1. Basic facts

A. On February 10, 2015, the Plaintiff, who is engaged in food materials distribution business, drafted an agreement with Defendant B with the following content.

Defendant B (hereinafter referred to as “A”) and the Plaintiff (hereinafter referred to as “B”) of the Agreement (hereinafter referred to as “E University”) shall be established and operated at 51%: 49%. 1. The net profit excluding the expenses (rents, personnel expenses, material expenses, various public charges, taxes, and other expenses) shall be allocated at the ratio of “A7:3; and the dividend date shall be the 10th day of the following month for the business of the preceding month. 2. The “B” invests the corporation in daily gold (hereinafter referred to as 100,000,000).

3. The payment of the deposit deposit deposit deposit deposit deposit deposit deposit deposit deposit deposit deposit deposit deposit deposit deposit deposit deposit deposit deposit deposit deposit deposit deposit deposit deposit deposit deposit deposit deposit deposit deposit deposit deposit deposit deposit deposit deposit deposit (e.g. 30,000,000) paid by E University A shall be transferred and taken over by A to B until the full repayment of the deposit deposit deposit deposit deposit deposit deposit deposit deposit deposit deposit deposit deposit deposit deposit deposit deposit deposit deposit deposit deposit deposit deposit deposit

4. The net profits of each month, which is the day of full payment of the investment expenses (100,000,000) monthly installment collection date.

C. 5. The term “B” means the total quantity of food materials to be supplied.

6. Payment shall be made in cash on a ten-day basis for the supply of food materials and the payment method shall be made in cash.

7.The other operations shall be subject to mutual consultation.

B. On February 10, 2015, the Plaintiff deposited KRW 86 million into Defendant B’s account. The Plaintiff received a receipt from the Defendants, the married couple, from the Defendants. The receipt is indicated as follows:

The amount of money borrowed by the “B (Defendant)” (Defendant) to the “A (Plaintiff)” by jointly operating E Campus internal food, etc. on the day of receipt KRW 100,000,000,000.

1. The said day n.e., KRW 100,000,000 (in n.e., n., n. n. n. n. n. n. n.

2. The ownership of the amount to be returned to the E Campus in the right to operate the E Campus cafeteria ( 30,000,000) shall be the “A (Plaintiff)” until the full repayment of the 100,000,000 million won of the day of the day.

3. Ecampers cafeterias.

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