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(영문) 수원지방법원 2017.11.10 2017나66930
대여금
Text

1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff's claim corresponding to the revoked part is revoked.

Reasons

1. Basic facts

A. From April 20, 2010, the Defendant is a person who operated the Kafa and Kafae House (hereinafter “instant store”) located in Yongsan-si C” from around April 20, 2010, and the Plaintiff is the E-gu in which the Defendant was affiliated with the Defendant.

B. On July 2, 2012, the Plaintiff remitted KRW 20,000,00 to the Defendant’s account. At the time of remitting the said money, the Plaintiff had the Defendant indicate the Plaintiff’s name “F” in the Defendant’s account remitter.

C. F worked at the instant store from the date the said money was remitted to September 14, 2012.

The defendant shall pay F, on August 1, 2012, KRW 1,429,040, and the same year

9.3.1,187,920 won, and 416,370 won on September 1, 199

E. On December 26, 2012, the Plaintiff remitted KRW 1,000,000 to the Defendant’s account.

F. On March 13, 2013, the Defendant closed the instant store.

[Evidence] Facts without dispute, Gap evidence 1, 10 evidence, Eul evidence 4 and 5, the purport of the whole pleadings

2. Determination as to the cause of action

A. The Plaintiff’s assertion 1) asked the Plaintiff to lend 20,000,000 won to the Plaintiff as the Defendant’s claim is necessary, and the Defendant lent 20,000 won to the Plaintiff. The Defendant provided that the Plaintiff’s wife would pay 3,00,000 won monthly interest and monthly salary (i.e., KRW 1,429,040 (= KRW 1,429,040) and KRW 1,187,920) and KRW 416,370) after deducting 30,000 from the Plaintiff’s loan 1,00,000,000 won and KRW 20,000 from December 26, 2012 (i.e., KRW 20,000,0000, KRW 1,0000, KRW 300,300,36,000, KRW 36,3700,000).

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