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(영문) 서울남부지방법원 2017.07.18 2016가단44589
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. 1) On March 31, 2015, upon the Plaintiff’s introduction, C of the instant business partnership agreement: (a) the Defendant and Geumcheon-gu Seoul Metropolitan Government 205 square meters in size of 10 stories of the 10th floor of the D Building, “E”, a public restaurant for “E” (hereinafter “instant restaurant”).

(C)In connection with C, the operating arrangement under which C invests KRW 120 million, obtains 30% of the share of the said restaurant, and distributes profits and losses arising from the said restaurant in accordance with its share (C30%, Defendant 70%) (hereinafter referred to as the “instant operating arrangement”).

After the conclusion of the contract, the Defendant paid KRW 120 million to the Defendant on the same day. 2) On April 1, 2015, the Defendant received KRW 120 million from C and paid KRW 10 million to the Plaintiff by account transfer.

B. The Plaintiff demanded the Defendant to prepare a loan certificate with respect to the instant loan agreement, and the Defendant, on March 17, 2016, prepared and issued a loan certificate stating that the Defendant borrowed KRW 100 million from the Plaintiff as interest rateing to KRW 100 million per month and due date on March 17, 2019. (2) The Plaintiff again demanded the Defendant to prepare a loan certificate with respect to the instant loan agreement, and on May 26, 2016, the Defendant again prepared and issued the loan certificate stating that the amount of KRW 110 million will be transferred to the Plaintiff on May 26, 2016, with interest rateing to KRW 100,000 per month, due date for repayment and May 27, 2019.

3 The above loan certificate was prepared by the plaintiff to find and prepare it in the F cafeteria located in China where the defendant was in office.

The defendant asked a certified judicial scrivener at that time from G who worked in the above restaurant, and the plaintiff argued that he did not have any right under the business agreement of this case as a person who did not have any right under the business agreement of this case, in response to the plaintiff's request, that the plaintiff does not bear any obligation to the plaintiff, and that he did not pay any obligation to the plaintiff in relation to the business agreement of this case.

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