(영문) 부산지방법원 2019.12.12 2019나1869 | 리걸엔진

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 부산지방법원 2019.12.12 2019나1869

대여금

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1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the subsequent order of payment shall be revoked.

Reasons

1. Basic facts

A. The plaintiff is the owner of "E (hereinafter "E") who is an offshore fishing fishing vessel," and the net B (hereinafter "the net") is the person on board the ship of this case as an office worker.

B. On January 25, 2016, the Plaintiff paid to the Deceased KRW 30 million as advance payment to the seafarers who will board the instant vessel (hereinafter “Advance payment”) under the pretext of advance payment.

C. After receiving the advance payment from the Plaintiff, the Deceased recruited ten seafarers, and started working on board the instant vessel from February 10, 2016. On August 1, 2016, the Deceased left the instant vessel along with ten seafarers recruited by the Plaintiff.

On August 25, 2017, the Plaintiff sent to the Deceased a letter of demand stating that “The deceased received the instant advance payment from the Plaintiff as the advance payment to the crew who will be on board the instant vessel, and completed the work and repaid it when he left the said vessel, but on August 1, 2016, the Plaintiff returned only KRW 6 million out of the said advance payment despite the Plaintiff’s demand to repay the said advance payment, so the Plaintiff returned the remainder of the advance payment by mail.”

E. The Deceased died on July 6, 2018 while the instant lawsuit was pending, and the Deceased’s heir is the Defendants, who were their children.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 5, and 8, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff loaned the instant advance payment to the Deceased as a seafarer recruitment fund for the instant vessel, and agreed to settle the remainder of the advance payment excluding KRW 10 million,00,000,000,000 of the seafarers’ wages already paid out of the aforementioned advance payment, as the Deceased arbitrarily left the operation during his operation.

After that, the deceased has repaid only 6 million won and is out of the advance payment.

유사 판례

-부산지방법원 2008.9.10.선고 2008구단222 판결

-부산지방법원 2017.01.19 2016가단315931

-부산지방법원서부지원 2020.09.03 2019가단113541

-수원지방법원 2017.11.16 2016가단800279

-부산지방법원 2016.09.29 2016노233