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(영문) 대구지방법원 포항지원 2018.08.28 2016가단102168
약정금
Text

1. Defendant D:

A. As to Plaintiff A’s KRW 50,00,00, and KRW 70,000,000 to Plaintiff C, and each of the above amounts, on December 19, 2014.

Reasons

1. The basic fact is that Plaintiff A is the birth of Plaintiff B, Plaintiff C is the friendship of Plaintiff B, Defendant D is the counseling of Plaintiff B, and Defendant E is a de facto marital relationship with Defendant D.

Plaintiff

B and the Defendants decided to operate a gas sales business (hereinafter “instant partnership business”) around September 2013.

Plaintiff

B borrowed KRW 20,00,000 from Defendant D to Defendant D to pay the said money again on October 10, 2013. On December 19, 2013, the Plaintiff borrowed KRW 30,000,000 from Plaintiff C and paid the said money to Defendant D.

Since then, Plaintiff A decided to participate in the instant partnership business, and paid Defendant D KRW 50,000,000, each of the total amount of KRW 10,000,000 on November 18, 2013, and KRW 30,000,000 on February 14, 2014, and KRW 10,000 on February 20, 2014.

Plaintiff

A, B, and the Defendants, around April 4, 2014, undergo a final inspection with respect to G in South-gu, Nam-gu, Nam-gu, Seoul, and commenced a physical gas sales business.

Since then, Plaintiff C decided to participate in the instant partnership business, and transferred KRW 70,000,00 to Defendant D as investment money on May 16, 2014.

The Plaintiffs and the Defendants agreed on December 18, 2014 to cancel the instant club business.

Accordingly, on December 18, 2014, Plaintiff C asserted that Plaintiff C borrowed from Plaintiff C and paid KRW 30,000,000 to Defendant D as an investment deposit, and Plaintiff C claimed that the loan was a loan of KRW 70,000,000 paid to Defendant D as an investment deposit. On May 16, 2014, Plaintiff C claimed that the loan of KRW 100,000,000 is a loan to Defendant D and applied for provisional attachment against Defendant D’s real estate as a preserved bond, and received the decision of provisional attachment.

Plaintiff

C On December 22, 2014, Defendant D with the word “to file a request for auction if the time limit has been set by the registration of provisional seizure in the today’s court, by March 20, by March 20, immediately after the date of seizure, exceeds the date of seizure,” and on December 23, 2014.

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