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(영문) 대전지방법원서산지원 2016.06.14 2015가단54457
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is engaged in daily wholesale business with the trade name “C,” and the Defendant served as the employee of the Plaintiff’s store from around 2009 to August 2014.

From June 2009, the Plaintiff, a legal spouse of the Plaintiff, was in a relationship with the Defendant.

B. On January 14, 2015, the Plaintiff borrowed KRW 11,330,00 from Arian Nanz Life Insurance Co., Ltd., and KRW 9,500,000 from Samsung Fire and Marine Insurance Co., Ltd., and the total amount of the existing deposits, etc. totaled KRW 30,000,000 to the Defendant.

On January 19, 2015, the Plaintiff borrowed KRW 5,600,000 from Arian Life Insurance Co., Ltd. on January 26, 2015, KRW 11,000,000 from Korea Life Insurance Co., Ltd. on January 26, 2015, and KRW 19,50,000 from Samsung Life Insurance Co., Ltd. on the same day. On January 26, 2015, the Plaintiff gave the Defendant the amount of KRW 36,00,000 on January 26, 2015.

On February 3, 2015, the Plaintiff awarded KRW 15,000,00 to the Defendant.

C. On January 14, 2015, the Defendant: (a) acquired premium in KRW 50,000,000 for the premium of KRW 50,000 from D; and (b) concluded a lease agreement with G, the owner of the said store, to set the deposit amount at KRW 30,000,000.

B. The defendant

81,000,000 won received from the plaintiff as described in the paragraph, respectively, paid the above premium and deposit for lease. D.

The defendant from February 2015 to the above day.

The F Points as described in the subsection is operated.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 4, Eul evidence 1 to 3, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff and the Defendant arranged internal relations around August 2014. However, around December 2014, the Plaintiff and the Defendant agreed to lend the acquisition fund of coffee specialty to the Plaintiff, and the Defendant agreed that the Plaintiff would continue to pay the deposit of KRW 30 million and KRW 10 million to the Plaintiff, and the remainder of the money would be paid in profits from coffee specialty. The Plaintiff loaned the Defendant a total of KRW 81 million to the Defendant.2)

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