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(영문) 서울중앙지방법원 2016.08.31 2016가단5029190

대여금

Text

1. As to KRW 27,815,398 and KRW 10,000 among the Plaintiff, the Defendant shall pay to the Plaintiff KRW 8,850,000 from November 8, 2013.

Reasons

1. Basic facts

A. Around June 18, 2012, the Defendant, who had no certificate of a beauty artist’s license under the Plaintiff’s business report, began to operate a cosmetic of the trade name “D” in the name of the Plaintiff after filing a business report under the Plaintiff’s name with the consent of the Plaintiff.

B. In the event that the Defendant received a loan under the name of the Plaintiff from the Plaintiff, there is a defect that the Defendant would directly repay the principal and interest of the loan or pay it to the Plaintiff, and the Plaintiff’s June 27, 2012 and the same year from the Nonghyup Bank Co.

9.7. Each 10 million won loan (hereinafter “6/27-party loan”) and each 9/7-party loan (hereinafter “9/7-party loan”) provided to the Defendant.

2) On November 7, 2013, the Defendant delayed repayment of the principal and interest of the 6/27 loan, and the Gyeonggi Credit Guarantee Foundation subrogated for KRW 12,260,943 to the Nonghyup Bank Co., Ltd. on the same day, and the Defendant delayed repayment of the principal and interest of the 9/7 lending around December 16, 2013. (C) The Plaintiff received the fraternity loan around May 2013, and then lent KRW 2,00,000 to the Defendant. (d) On January 2, 2016, the Defendant claimed the repayment of the loan to the Defendant. (1) The Defendant: (a) the water purifiers used by himself/herself in the beauty room and the rain used by himself/herself in his/her house; and (b) the Defendant’s unpaid siren fee was the sum of KRW 12,260,943 from 200 to 3130 minutes from 2013,2014 to 314.

2 The Defendant, while operating a beauty room in the name of the Plaintiff, directly paid the health insurance premiums and various taxes or paid them to the Plaintiff. The Defendant did not pay the total amount of health insurance premiums and health insurance premiums from December 2, 2013 to December 2, 2015, and pension premiums from April 2014 to June 2015, and paid KRW 2,589,920, and reverted to the year 2013.