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(영문) 울산지방법원 2018.08.21 2017가단55871
대여금 등
Text

1. The defendant

A. From August 22, 2018 to the date of completion, Plaintiff A’s KRW 40 million and its percentage of 15% per annum.

Reasons

1. Basic facts

A. The Plaintiff A entered into a partnership agreement with the Defendant and jointly operated food materials distribution business in the name of G.

B. Plaintiff B’s spouse prior to the divorce of Plaintiff A, Plaintiff C’s children, Plaintiff D’s mother, and Plaintiff E’s former mother of Plaintiff A.

C. On November 18, 2015, Plaintiff D lent the said money to the Defendant via Plaintiff A by remitting KRW 30 million to the Defendant.

Interest was agreed at 12% per annum (300,000 won per month).

Plaintiff

B paid in cash to the Defendant the amount of KRW 10 million on June 7, 2015.

E. Plaintiff E wired the amount of KRW 20 million on August 17, 2015, KRW 40 million on December 12, 2010, KRW 30 million on January 28, 2016, and KRW 90 million on January 28, 2016 to the Defendant.

The agreement on this is KRW 400,000 per month.

F. On November 2, 2015, Plaintiff C remitted the amount of KRW 10 million to the Defendant and lent it to the Defendant.

G. Around March 2016, the Defendant paid 26 million won to Plaintiff B with the repayment of the Plaintiff’s loans to Plaintiff B, C, and E. The Defendant paid 1.3 million won to Plaintiff E on November 1, 2015 (one million won for the principal repayment among them), 1.2 million won on December 14, 2015 (one million won for the principal repayment among them), 12 million won on January 17, 2016 (one million won for the principal repayment among them), and 1.2 million won on January 17, 2016 (one million won for the principal repayment among them).

3.2.40,000 won, and the same year.

3. 21.50,000 won, and the same year.

4. 22.50,000 won, and the same year.

5. 16.4 million won, and the same year.

6. 16. 40,000 won was paid as principal and interest, respectively, to Plaintiffs D on December 18, 2015, and on January 20, 2016

2. 18. 18. 1. The same year;

3.21.21., the same year;

4.20. 20. 20. The same year

5. 21. Each 300,000 won was paid as interest.

H. On February 2016, Plaintiff A expressed to the Defendant his/her intent to withdraw from a partnership agreement verbally.

Accordingly, the Defendant brought an action against the said Plaintiff seeking confirmation that there was no claim against the said Plaintiff’s settlement of accounts (Ulsan District Court 2016Gahap22499).

I. On December 20, 2017, the court of first instance of the said lawsuit rendered by Plaintiff A.

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