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(영문) 의정부지방법원고양지원 2017.09.22 2016가단88182
대여금
Text

1. The Defendants are jointly and severally liable to the Plaintiff.

(a) On July 31, 2018, 30 million won and the same shall begin on August 1, 2018.

Reasons

1. Facts of recognition;

A. The Defendants leased the Plaintiff’s name “Seoyang-si D and 1st floor” and operated a restaurant (hereinafter “instant restaurant”) in the name of “E store” from June 23, 2015, and the Plaintiff served as the position of “chief”.

B. However, around June 29, 2017, the restaurant of this case was closed down.

[Ground for Recognition: Facts without dispute, entry of evidence No. 6 in the evidence No. 3, purport of whole pleadings]

2. Assertion and determination

A. (1) The Plaintiff’s assertion of and determination on the return of KRW 50 million (1) as to the Plaintiff’s assertion, around May 6, 2015, lent KRW 40 million to the Defendants, and around December 2015, additionally lent KRW 10 million due to the shortage of funds for the instant restaurant operation, the Defendants are jointly and severally liable to return the said money.

(2) Since the Plaintiff’s assertion by the Defendants is an investment amounting to KRW 40 million after May 2015 and around June 2015, the Defendants did not have any obligation to return to the Defendants.

Even though it is a loan of the National Assembly, it is due and due on July 2018.

(3) First of all, the Defendants recognized that the Plaintiff paid KRW 10 million around December 2015, the Defendants used the money as operating capital.

Therefore, the defendants should return the money to the plaintiff as they borrowed from the plaintiff.

Next, the remaining 40 million won is examined.

In full view of the entries and the purport of the evidence No. 1 (Investment Contract) and the entire pleadings, the Plaintiff and the Defendants (which was prepared after the Plaintiff retired, but the content thereof was prepared as of the time when the Plaintiff operated the same business as the Plaintiff) clearly state the partners of the instant restaurant as the Defendants. The Defendants’ amounting to KRW 40 million from the Plaintiff to KRW 30 million for investment or long-term loans, and KRW 10 million for short-term loans. The long-term loans amount to KRW 30 million for three years after three years.

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