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(영문) 부산지방법원 2016.02.18 2015나3980
구상금
Text

1.(a)

Of the judgment of the court of first instance, the part against the defendant exceeding the money ordered to be paid below shall be revoked and above.

Reasons

1. Comprehensively taking account of the overall purport of statements and arguments in Gap evidence Nos. 1 through 3 and 5 (including a provisional number; hereinafter the same shall apply) as to the cause of the claim, the plaintiff and the defendant transferred their shares to the defendant around Jan. 2012, they moved into a business operating "G" from the second floor of the building F in Busan-gu, Busan-gu, and began to jointly operate "G" (hereinafter "G"), and around that time, the plaintiff borrowed KRW 100 million from the date of the country of the corporation as security in relation to the operation of G, Nam-gu, Busan-gu, Busan-gu, and 105 (hereinafter "the apartment of this case"). After that time, around Oct. 10, 2012, the plaintiff transferred the plaintiff's share to "G to the defendant, and the defendant concluded an agreement between the defendant and the defendant on the transfer of shares in the above loan amount of KRW 80 million on the date of the plaintiff's borrowing of KRW 5,000,0000,000.

According to the above facts of recognition, the plaintiff paid 5 million won out of the loan debt owed by the defendant on the national holidays of the corporation that the defendant agreed to pay between the defendant and the defendant. Thus, barring any special circumstance, the defendant is liable to pay 55 million won and its delay damages to the plaintiff.

2. Judgment on the defendant's assertion

A. The summary of the argument is set off against the plaintiff's claim for reimbursement with the following claims against the plaintiff:

1) The Plaintiff’s main point of the trade name “I” located in Busan-gu Busan-gu H, which is operated jointly with the Defendant (hereinafter “I”).

For the premium, from a third party alone.

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