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(영문) 제주지방법원 2018.11.29 2017나13403

대여금

Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. Facts of recognition;

A. From May 1, 2014, the Plaintiff operated “D” a restaurant located in Jeju City, and the Defendant decided to work as the main store from “D” to receive KRW 5 million per month as wages.

B. On April 28, 2014, the Plaintiff lent KRW 15 million to the Defendant, and the Defendant paid a certain amount from the benefits to be received each month by deducting a certain amount from the Plaintiff, and received only the remainder, and paid the borrowed amount immediately in the event the promise is made.

C. The Plaintiff paid KRW 3 million to the Defendant on June 2, 2014 and July 1, 2014, respectively,

D. The Defendant retired from D on July 22, 2014.

[Reasons for Recognition] Unsatisfy, Gap 1-3 evidence (including virtual number), the purport of the whole pleadings

2. Determination on the cause of the claim

A. On June 2, 2014, the Plaintiff paid KRW 3 million to the Defendant, which deducted the above loan amount from KRW 5 million from May 2, 2014. ② From June 2, 2014, the Defendant’s salary was reduced to KRW 4 million, and on July 1, 2014, the Defendant paid KRW 3 million, subtracting the above loan amount from KRW 4 million from KRW 4 million from June 1, 2014. ③ From July 1, 2014 to July 22, 2014, the Plaintiff was paid KRW 2,838,709 from the above loan amount to KRW 4 million (= KRW 4 million x below the wage 22/31, 200, KRW 7081, KRW 2084,84,7081.284,200) to the Defendant’s salary amount (i.e., KRW 200,000).

B. According to the above facts, the Defendant paid the remainder of KRW 9,161,291 (i.e., KRW 15 million - 5,838,709), except for the remainder of KRW 5,838,709 that the Plaintiff was paid by the Defendant (i.e., KRW 5 million - 5,838,709) and the due date for the payment (in the event that the Defendant agreed to pay the borrowed amount immediately, it seems that the remainder of the borrowed amount has come due on July 22, 2014 that the Defendant retired from office).