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(영문) 서울중앙지방법원 2014.10.23 2013가합50638
채무부존재확인
Text

1. The Plaintiff (Counterclaim Defendant)’s dissolution of the partnership amounting to KRW 133,768,00 against Defendant B and Defendant C.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. D, on June 9, 201, leased the lease deposit of KRW 10,00,000, monthly rent of KRW 800,000, and the lease term of KRW 12 months from June 9, 201 to June 8, 2012.

B. On July 22, 2011, Defendant B borrowed KRW 50,000,00 from the Korea Teachers’ Mutual Aid Association (hereinafter “Mutual Aid Association”) and paid KRW 227,080 per month interest on the said loans to the Korea Teachers’ Mutual Aid Association between August 25, 201 and July 25, 2012.

In addition, Defendant B borrowed KRW 50,000,00 from Han Bank Co., Ltd. (hereinafter “I Bank”) on November 15, 201, and paid KRW 1,574,627 as interest on the said loan to Han Bank during the period from December 15, 201 to July 16, 2012.

C. Defendant B paid the Plaintiff totaling KRW 49,00,000 as business funds from July 26, 201 to November 201.

On October 31, 201, Defendant B leased Seongbuk-gu Seoul Metropolitan Government H 110 (hereinafter “instant commercial building”) from G as the lease deposit amount of KRW 50,000,000, monthly rent of KRW 2,800,000, and KRW 24 months from November 16, 2011 to November 15, 201, and paid the said lease deposit to G by November 16, 201.

E. From July 26, 2011, the Plaintiff was engaged in the wholesale and retail business and the retail business of clothing and clothing and clothing in the name of “I”. From November 16, 2011, the Plaintiff engaged in the foregoing business in the instant commercial building.

F. On July 15, 2012, the Plaintiff retired from the wholesale and retail business of the above clothing for reasons of the business depression. Defendant B, around July 15, 2012, was returned KRW 17,800,000 after deducting the overdue rent from G to that of the lease deposit of the instant commercial building from the lease deposit of the instant commercial building.

Grounds for Recognition: Facts without dispute, Gap evidence 2, 3, Eul evidence 1, 2.

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