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(영문) 수원지방법원안산지원 2020.11.04 2018가단69939
정산금 등
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 February 2012, the Plaintiff, the Defendant, C, and D agreed to jointly operate a collection by making four persons contribute to KRW 65,00,000 per capita, and agreed to jointly operate the said investment. On June 2012, the Plaintiff, the Defendant, and the C, and D used the said investment for the security deposit for lease, the interior cost, the collection cost, and the purchase cost of materials, etc., and opened the business of “F” at the stores located in Incheon E (hereinafter “Ecom”).

Upon entering into the E-dong frequency-based lease agreement, the tenant's name was jointly owned by the plaintiff, the defendant, C, and D, and the defendant's name did not have any other business registration and occupation, and the business operator's account was opened under the defendant's name.

B. The Plaintiff, who had been operating a collection in other places, provided the E-dong frequency, notified the necessary transaction partner, and confirmed the purchase and sales details of E-dong frequency every day at the beginning of the business.

In addition, the defendant worked every day at E-dong and managed purchase and sales.

C. C and D demanded the Plaintiff and the Defendant to return their contributions in the partnership relationship, as they were unable to participate in the business of E and D in depth, and they demanded that they return their contributions. On October 2012, the Plaintiff borrowed money from G to D and paid KRW 65 million.

The defendant paid interest on G at the business account in the name of the defendant.

C was demanded to return E-dong equity investment to be returned, and the Plaintiff and the Defendant agreed on the withdrawal from the partnership business and the return of C’s equity investment, but there was no funds to return.

Accordingly, on November 16, 2012, the Plaintiff: (a) repaid KRW 65 million to C until May 31, 2013; and (b) drafted a notarial deed of a monetary loan agreement including the fact that payment of KRW 1,00,000 for the last day of each month from November 30, 2012 to the repayment date of principal; (c) the Defendant deposited KRW 1,00,000 per month from the business account under the name of the Defendant into C account from November 30, 2012 to September 2, 2013.

(e).

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