(영문) 광주지방법원 2020.05.22 2019나62399

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Reasons

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자간(%)

(영문) 광주지방법원 2020.05.22 2019나62399

대여금

Text

1. Of the parts concerning the counterclaim against the judgment of the first instance, the following amounts shall exceed the amount ordered to be paid:

Reasons

1. The reasoning for this part of the judgment of the court of first instance as to the claim of a principal suit is as stated in paragraph (1) of the reasoning of the judgment of the court of first instance, and thus, it is acceptable in accordance with the main sentence of Article 4

2. Judgment on a counterclaim

A. (1) The Plaintiff and the Defendant (However, the Defendant entered into the name of wife D) decided to jointly purchase C in the name of limited company the representative director of which was registered under the name of limited company E, and the following written contract on February 1, 2012 is written in writing on February 1, 201.

The following contracts were concluded on the duty of rights, such as equity interests.

(hereinafter “instant contract”). The name of the contract on the duty of rights, such as equity: D (hereinafter “A”) name: E’s representative A (hereinafter “B”) and “B” are jointly owned (50%: 50%; 50% as of the date of preparation of the contract) in the purchase key from G, the actual owner of the contract, with the name C(ship number F) in the amount of KRW 97 million.

In the joint purchase of “A”, KRW 5 million out of the total amount of KRW 97 million, shall be deposited (Account Number omitted), KRW 10 million, and KRW 45 million, which is the account designated by G, the actual owner of the ship, by February 29, 2012, and the remainder of KRW 45 million shall be deposited up to February 29, 2012, and the remainder of KRW 2 million shall be treated by “A” and “B” in installments.

C's loans of KRW 40 million are interest and principal to be treated by "B".

“B” bank loans of KRW 40 million shall be liable for and repaid by “B” with interest and principal.

The interest and principal on the amount of KRW 7 million paid by the “A” on behalf of the “B” shall be repaid to the “A”.

“B” is responsible for all expenses incidental to the ship.

The distribution of profits generated from the work after purchase shall be 25% of the sales amount to “B”.

참조조문

-민사소송법 제420조

유사 판례

-서울서부지방법원 2015.12.16 2014가합37750

-창원지방법원 2015.01.21 2014구단640

-수원지방법원안양지원 2019.03.08 2018가단4060

-서울중앙지방법원 2013.11.06 2012가단345318

-수원지방법원 2019.01.11 2016가합80263