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(영문) 서울중앙지방법원 2014.07.18 2013가합93147
보관금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a person who operates the Korea Advertising Corporation, and D was in charge of accounting affairs at the above advertising branch from January 2010 to July 2013 (D entered into a contract with the Plaintiff on the transfer of the right to advertise the Korea Advertising Corporation around September 27, 2012, and the Plaintiff and D were in an internal relationship from May 2009 to July 2013, and the Defendant is the husband of D.

B. On December 1, 2011, the Plaintiff owned golf membership rights (hereinafter “instant membership rights”) in the Korea-Japan Development Co., Ltd. (hereinafter “Korea-Japan Development”), with the content that the Plaintiff sold the instant membership rights to the Defendant (hereinafter “instant sales contract”). However, on December 1, 201, the Plaintiff prepared a sales contract (hereinafter “instant sales contract”) stating that the instant membership rights are sold to the Defendant.

C. On August 24, 2012, the Defendant submitted an application for the termination of a regular member of the Korea-Japan Development Project. On March 8, 2013, the Defendant returned KRW 142,50,000, which is the membership fee of the instant membership, from Korea-do Development on March 8, 2013, and paid all these to D on March 11, 2013.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 3, 8, 9, 10, 11 (including paper numbers), the purport of the whole pleadings

2. The assertion and judgment

A. The gist of the parties’ assertion was that the face value of a bill returned to maturity on November 30, 201 due to the shortage of the bill settlement funds at the time of November 30, 201, was KRW 144,000,000, and the face value of a bill returned to maturity on December 30, 201, KRW 138,000,000, and the face value of a bill returned to maturity on January 30, 2012 was KRW 131,00,000.

During the process of disposing of the membership of this case, the bill can be settled without disposing of the membership of this case. D was placed in the name of another person in order to dispose of the membership of this case after the next year.

The plaintiff returned to the court for sale, and the plaintiff got title trust to the defendant with the membership of this case.

However, the defendant and D.

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