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(영문) 창원지방법원진주지원 2020.06.09 2019가합11411

손해배상(기)

Text

1. The Defendant’s KRW 2,00,000 as well as 5% per annum from August 17, 2019 to June 9, 2020 to the Plaintiff.

Reasons

1. Basic facts

가. 원고는 경기 군포시 C건물 4층에 위치했던 마사지� ‘D’의 종업원이었다.

The defendant worked as a nurse in Jinju from January 29, 2009 to February 29, 2016, as D's registered business operator. On July 16, 2010, the defendant purchased the 4th floor of the above C's building on July 16, 2010 and owned the building F and G-ho officetels in Gyeonggiwon-si.

H, the defendant's living together, is a person who actually operated D with the seal and passbook under the name of the defendant, entrusted by the defendant with the management of the above real estate owned by the defendant.

B. On February 15, 2008, H discontinued D on December 26, 2008, when it opened and operated D under its own name, it was under the control of sexual traffic.

Upon H’s request, the Defendant registered the business of D in the same place on January 29, 2009, and closed the business on September 9, 2013 and closed the business on November 12, 2014, and finally closed the business on February 29, 2016.

The plaintiff has discontinued D around 2010.

C. The Plaintiff lent money to H from September 28, 2007 to July 2010. Not only the passbook of H but also the I Bank (Account Number: J) in the Defendant’s name was used in the above lending process.

The Plaintiff and H repeatedly lend money and repay it on May 18, 201, the following terms are settled 1. H borrowed business funds from the Plaintiff from May 2008 to personal free of charge from the Plaintiff. As of December 31, 2010, H confirmed the amount of obligation to repay KRW 113,000,000 as of December 31, 201.

2. H promises to repay this loan by December 31, 2012, the interest shall be a fixed amount of KRW 100,000 on the last day of each month on condition that the due date shall be observed, and shall be paid by the time the loan is fully paid.

3. Accordingly, I will not sell the fourth floor of the military building C without the consent of the plaintiff, and if arranged, I will resolve the plaintiff's money.

d. draw up a loan certificate for the purpose.

The plaintiff did not pay the money to H after the completion of the above loan certificate to H.