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(영문) 광주지방법원순천지원 2019.05.22 2018가단78005
약정금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On June 19, 2012, the Plaintiff concluded a contract for the distribution of profit from the sale of seedlings with C Co., Ltd. (hereinafter “Non-Party Co., Ltd.”) and agreed to pay KRW 1,000 per share to the Plaintiff an increase of KRW 1,00 per share from the profits earned by Non-Party Co., Ltd from the sale of seedlings in return for the Plaintiff’s propagation and management. On March 13, 2014, the Non-Party Co., Ltd bears the obligation to the Plaintiff to increase the KRW 134,667,643 per share.

B. Around February 2014, the Plaintiff lent KRW 60,000,00 to Nonparty Company.

[Ground of recognition] Facts without dispute, entry of Gap 2 and 3 evidence, purport of the whole pleadings

2. The parties' assertion

A. The plaintiff's assertion that the defendant took over KRW 84,67,643 of the above loan debt against the plaintiff of the non-party company and KRW 60,000 of the above loan debt.

The defendant is obligated to pay KRW 44,667,643 out of the debt he assumed as above to the plaintiff.

B. The defendant's acquisition of the debt of the non-party company is not the defendant but D corporation.

3. The statements in Gap evidence Nos. 2 and 6 and 11 are insufficient to recognize that the defendant assumed the above debt and the debt borrowed by the non-party company. The plaintiff's above assertion is without merit, since there is no other evidence to acknowledge it.

The plaintiff's claim is dismissed on the ground that it is without merit.

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