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(영문) 서울서부지방법원 2016.04.21 2015가단16098
대여금
Text

1. The Defendant’s KRW 92,320,00 for the Plaintiff and KRW 20% per annum from August 19, 2015 to September 30, 2015.

Reasons

1. The parties’ assertion asserts that the Plaintiff is obligated to pay the remainder of KRW 9,232,00,000,000,000 to the Defendant, as well as to lend the sum of KRW 1,532,00,00 from that time to April 17, 2015.

On the other hand, the defendant agreed to operate a transport business with the plaintiff and agreed to take over the right of chartered transport business from C Co., Ltd. (hereinafter "C") by contributing 1/2 to the same business, but withdrawn from the same business relationship. Since the plaintiff paid 15,320,000 won to the defendant to C as the transferee of the right of chartered transport business, he did not have the obligation to return it to the defendant, and 25,320,000 won is not the incidental expenses incurred in taking over the right of chartered transport business, and only the defendant has the obligation to pay it only for 20 million won in the custody of the defendant.

2. According to each of the statements in Gap evidence Nos. 1 through 6, and 8 (including the provisional number), the defendant concluded a contract to acquire bus transport rights from Eul on March 24, 2015 and again concluded a contract to acquire the plaintiff as the contracting party. On April 2, 2015, the plaintiff and the defendant established a limited partnership E with the plaintiff as the representative member of Eul as the plaintiff's son on April 2, 2015. The plaintiff asserted the termination of the contract to acquire transport business rights against Eul, etc. on May 27, 2015, and filed a lawsuit to claim the return of down payment (Ycheon District Court Branch Branch 2015Ga12347). However, according to the each of the statements in Eul evidence Nos. 1 through 10, and Eul evidence No. 7, the defendant loaned the money to the plaintiff on March 16, 2015, and the plaintiff transferred the money to the defendant on March 16, 2015 to 30 million won or more.

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