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(영문) 서울고등법원 2015.08.19 2014나2034209
대여금
Text

1. The plaintiff's appeal is all dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The Defendants, as married couple, are running a wholesale and retail business in the name of Defendant C with the trade name of “E” from May 26, 1999 to Seodaemun-gu Seoul, Seodaemun-gu, Seoul.

B. From 2002, the Plaintiff has been engaged in monetary transactions by lending a certain amount to the Defendants and receiving payment.

C. The F leased the first floor store of the H ground building in Eunpyeong-gu Seoul, and transferred to G all rights, such as the right of lease, facilities, and goodwill, to the Plaintiff on June 2006, while operating the Smarket under the trade name of “I” (hereinafter “the instant marina”); and the Plaintiff operated the instant marina since around that time.

The Defendants supplied work to the instant marina from the time F had operated the instant marina, and continued to supply the instant marina to the instant marina even after the Plaintiff acquired the instant marina.

On September 30, 2008, the Plaintiff entered into a real estate lease agreement with Defendant B and the instant marina (hereinafter “instant lease agreement”) on the condition that the lease deposit amount of KRW 150,000,000, monthly rent of KRW 1,500,000, and the lease term of KRW 24 months from September 30, 2008 (hereinafter “the instant lease agreement”), and the Defendants had J, a pro-born of Defendant C, operate the instant marina from that time.

E. Upon the death of J on April 22, 2013, the Plaintiff and Defendant B, on May 31, 2013, shall be reversed as of May 31, 2013; and the Plaintiff shall pay KRW 50,000,000, out of KRW 150,000,000, to Defendant B as of May 31, 2013; and the remainder of KRW 100,00,000,00,00, to be paid by November 30, 2013 (hereinafter “each of the instant letters”), respectively, shall be written and notarized (hereinafter “each of the instant letters”).

(No. 1081). Accordingly, the Plaintiff paid KRW 50,000,00 to Defendant B on May 31, 2013.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 5, 8, 10, 11, and Eul

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