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(영문) 창원지방법원 2015.10.22 2014가합35709
임대차보증금반환등
Text

1. The Defendant’s KRW 22,770,274 as well as the Plaintiff’s annual rate of 5% from April 25, 2014 to October 22, 2015.

Reasons

1. Basic facts

A. 1) The Plaintiff and the Defendant agreed to enter into and implement the instant partnership business agreement (hereinafter “instant partnership business agreement”) around 2009 that the Plaintiff and the Defendant together carry on the scrap metal collection business and gold-type entertainment business (hereinafter “instant partnership business agreement”).

(2) On January 1, 2010, the Plaintiff and the Defendant awarded a contract for the purchase price of KRW 1,171,12,00 in a voluntary auction procedure to secure a site for the instant business agreement, and paid the remainder on January 7, 2010 after receiving a loan under the name of the Defendant and receiving a full payment of the purchase price on January 7, 2010. On the same day, the Plaintiff and the Defendant completed the registration of ownership transfer with the content of the Plaintiff and the Defendant’s co-ownership share as 1/2 of the co-ownership of each co-ownership of each of the co-ownership of the Plaintiff and the Defendant was completed as follows: (a) in order to secure a site for the instant business agreement, the Plaintiff and the Defendant were awarded a contract for the purchase price of KRW 3,884 square meters (hereinafter “instant real property”).

3) On February 25, 2010, the Defendant entered into an agreement with Tae Chang Chang Group Co., Ltd. to collect scrap metal from Tae Chang Chang Group Co., Ltd. on the terms of contract between March 18, 2010 and March 17, 201, and the Defendant’s collection business of scrap metal (hereinafter “instant scrap metal collection business”) with the introduction of the Plaintiff under the instant business agreement.

4) Since the completion of the said scrap metal collection business, from August 201, the Plaintiff led the instant club business in accordance with the instant agreement, and operated gold manufacturing and mechanical repair business.

B. On November 7, 2012, the Plaintiff and the Defendant concluded the instant partnership agreement. The Plaintiff concluded the instant partnership agreement, and the Plaintiff transferred the Plaintiff’s share of 1/2 of the Plaintiff’s real estate to the Defendant KRW 763,691,50 (=the intermediate payment of KRW 512,626,190 to KRW 174,065,310, the remainder of KRW 77,000 (the intermediate payment of KRW 512,626,190), and the Defendant transferred the business rights, etc. under the instant partnership agreement to the Plaintiff.

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