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(영문) 수원지방법원 2015.02.12 2013가단81923

대여금등

Text

1. The plaintiff's primary and conjunctive claims against the defendant B and the defendant C are all dismissed.

2.

Reasons

1. Basic facts

A. On January 2006, Defendant B served as the site manager at the F construction site (F; hereinafter “instant construction site”) performed by Nonparty E Co., Ltd. (hereinafter “E”).

B. The Plaintiff and Defendant B, who entered the U.S. and entered the U.S. at around 2005, were to exchange contact again. At the time, the Plaintiff had no special occupation and had economic difficulties.

C. At the end of December, 2005, the Plaintiff asked Defendant B to the effect that the Plaintiff would be able to operate the brine restaurant at the construction site of the instant construction site, along with G, H, and Defendant B, an elementary school dong-ro, H, and Defendant B.

Accordingly, Defendant B recommended the Plaintiff as the box operator at the construction site of the above construction site. From May 2006 to July 2009, Defendant B operated the brin restaurant with the trade name “I” at the construction site of this case from around May 2006 to around July 2009.

[Ground of recognition] Facts without dispute, Eul evidence Nos. 8 and 15, witness G, H and J respectively, the purport of the whole pleadings

2. Determination as to the claim against the defendant B

A. Determination on the claim amounting to KRW 99,858,670 (A) The main argument of the Plaintiff is as follows: (i) from May 2, 2006 to October 22, 2010, the Plaintiff transferred KRW 77,710,450 in total to the account under the name of the Defendant B, and KRW 5 million in total, from June 11, 2008 to the account under the name of the said Defendant; and (ii) around June 1, 2006, the Plaintiff additionally lent the loan amounting to KRW 4,00,000 in total (i.e., KRW 12, KRW 20,000 in total) from the Defendant B; and (iii) lent KRW 142,71,450 in total (i.e., KRW 140,000 in total) to the account under the name of the said Defendant.

On the other hand, among the above loans from Defendant B, KRW 20 million on December 28, 2012 and KRW 15 million on January 4, 2013 were repaid respectively, and the Plaintiff.