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(영문) 서울중앙지방법원 2015.09.08 2014나26261

대여금반환 등

Text

1. The judgment of the first instance is revoked, and the plaintiff's claim is dismissed.

2. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a person who works in the “F” entertainment tavern located in Gangnam-gu Seoul Metropolitan Government E (hereinafter “instant entertainment tavern”).

The defendant is a person who worked as a entertainment drinking house in the instant entertainment drinking house around 2011.

B. On January 24, 2011, the Defendant: (a) signed and sealed a certificate of borrowing (hereinafter “the instant certificate of borrowing”) with the borrowed amount and name as follows in the instant certificate of borrowing (hereinafter “the instant certificate of borrowing”).

(B) The name of the borrower of the bill of cash loan: (3) the full name of the borrower: (45,00,000 Won Won Won per day: (45,00,000) the full address: (4) the telephone number at the time of the defendant: (1) the borrower borrowed the above amount from the creditor from the date of 200 to the date of 200, and then changed within the period. (45,000,000): (4) the borrower’s mobile phone number and entry omitted) the borrower promises to borrow and change the above amount from the creditor to the date of 200.

In addition, civil and criminal liability due to default of debt is the borrower.

on 200

C. When the Plaintiff is unknown, his name was written in the official column next to the obligee of the instant loan certificate, and his name was written.

[Ground of recognition] Unsatisfy, Gap evidence No. 1-1, the purport of the whole pleadings

2. Determination as to the cause of claim

A. The Plaintiff’s assertion (1) The Plaintiff’s assertion that the Plaintiff is due for the repayment of KRW 45,000,000 to the Defendant on January 24, 2011.

4. 24. The loan cycle is set at 24. The money was given to the Defendant in cash at the entertainment tavern of this case on the same day.

The defendant is obligated to pay to the plaintiff KRW 45,000,000 and damages for delay.

(2) The defendant's assertion did not lend KRW 45,000 to the plaintiff.

The Defendant received money under the name of “prepaid money” at another main point prior to work at the entertainment tavern of this case.

The Defendant shall pay 45,00,000 won in advance to the main place of “G” immediately preceding the Defendant’s work, from “all affairs” as of the day he agreed to work in the entertainment tavern of this case.