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(영문) 수원지방법원 2017.02.14 2016나64500

대여금

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The assertion and judgment

A. On November 15, 2010, the Plaintiff loaned KRW 10 million to the Defendant’s account on November 15, 201 upon the Defendant’s request that he/she pay interest at 10% per annum if he/she lends money.

Therefore, the Defendant is obligated to pay the Plaintiff the above 10 million won and interest of the borrowed money.

B. From the beginning of 2010, the Plaintiff: (a) employed Defendant C, D, E (hereinafter “Defendant C, D, and E”); and (b) promised adequate compensation on the condition that the Defendant, etc. will assist the Plaintiff’s business; and (b) received money transferred by the Plaintiff as the operating fund of the U.S. futures business.

C. According to the evidence No. 1, as to whether the Plaintiff lent KRW 10 million to the Defendant, it is recognized that the Plaintiff transferred KRW 10 million to the Defendant on November 15, 2010, but it is insufficient to recognize that the above remittance alone is a loan, and there is no other evidence to acknowledge it.

Rather, comprehensively taking account of the facts without dispute between the parties, Eul evidence Nos. 1 and 2, and the overall purport of the arguments, the plaintiff, upon obtaining office offices from Seocheon-gu Office of Seoul Special Metropolitan City on Jan. 17, 2010, employed H at the monthly salary of 1.8 million won from Mar. 2010 to mixed operation from Aug. 201, employed I as the monthly salary of 1.5 million won around Oct. 25, 201, < Amended by Presidential Decree No. 22347, Oct. 25, 2010; Presidential Decree No. 22347, Oct. 11, 2010; Presidential Decree No. 22347, Oct. 21, 201; Presidential Decree No. 22370, Oct. 1, 2010; Presidential Decree No. 22370, Oct. 1, 2010; Presidential Decree No. 22300, Mar. 21, 2016.