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(영문) 인천지방법원 2019.05.21 2018가합57659
기타(금전)
Text

1. As to the Plaintiff’s KRW 240,00,000 and KRW 140,000,00 among the above money, Defendant B shall start on October 17, 2018, and the remainder 10.

Reasons

1. The plaintiff's assertion

A. First, the Plaintiff’s claim against the Defendants is based on the coffee specialty located in Kimpo-si (hereinafter “instant coffee specialty”).

(B) Defendants jointly operated the Defendants (Defendant B is the former male part of the Plaintiff, and Defendant C is the Plaintiff’s error.

(2) Since the Defendants leased KRW 140,000,000 as operating expenses, they are jointly and severally liable to pay the Plaintiff KRW 140,00,000 to the Plaintiff. (2) Defendant B borrowed KRW 140,000 to the Plaintiff around January 2016, the Plaintiff paid KRW 140,000 to the Plaintiff with the consent of Defendant C, on behalf of the Plaintiff, in lieu of the Defendant C’s loan obligation amounting to KRW 140,00,000.

If Defendant C lent KRW 140,00,000 to Defendant B and operated the instant coffee specialty, the Defendant C is obligated to reimburse the Plaintiff KRW 140,000,000. If Defendant C directly operated the instant coffee specialty, then Defendant B is obligated to reimburse the Plaintiff KRW 140,000,000.

B. As Defendant B agreed to pay 100,000,000 won as consolation money to the Plaintiff on December 5, 2017 by December 31, 2018, Defendant B was obligated to pay 100,000,000 won to the Plaintiff.

2. Determination

A. As to the Defendants’ primary assertion, the Plaintiff asserted that the Defendants jointly operated the instant coffee specialty, but the Plaintiff does not accept the Plaintiff’s main claim, as there is no evidence to acknowledge it. (ii) In full view of the entries and the overall purport of the pleadings as to the conjunctive claim, the Plaintiff remitted KRW 100,000,000 to the Defendant B’s account on January 24, 2016, and the Plaintiff stated that “C substitute payment part” in the head of the head of the head of the Tong, which was forwarded KRW 40,000,000 to the Defendant B’s account on May 13, 2016.

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