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(영문) 수원지방법원 안산지원 2018.01.31 2016가단70003
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The Plaintiff’s assertion ① from February 9, 2010 to September 5, 2010, the Plaintiff lent KRW 10.9 million to the Defendant.

② On October 26, 2010, the Plaintiff was to bear the expenses of KRW 159,90,000,000,000,000,000,000,000,000,000,000,000, as the name of “C”, and thus, the Plaintiff was to recover KRW 34,80,000,000,000,00,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00,00,00,00,00

2. Determination

A. (1) According to the evidence evidence No. 1 of the claim No. 1, the Plaintiff may recognize the fact that the Plaintiff deposited KRW 1 million to the Defendant on February 9, 2010, KRW 400,000 on March 5, 2010, KRW 350,000 on June 30, 2010, KRW 300,000 on July 2, 2010, KRW 470,000 on July 8, 2010, and KRW 10,90,000 on September 5, 2010, since there is no evidence to deem that the Plaintiff’s aforementioned KRW 10,90 was a loan, this part of the Plaintiff’s assertion is without merit.

B. Inasmuch as the Plaintiff’s portion of the claim is acknowledged as having borne KRW 98,376,00 as premium, etc. with the Defendant’s “C” beauty room business expenses, it appears that the Plaintiff would have borne the opening business expenses without specifying the loan or investment amount as it was in a relationship with the Defendant at the time, and furthermore, it appears that the Plaintiff would have been in a de facto marital relationship with the Defendant, and that the Defendant would have incurred the opening business expenses without specifying the investment amount. (ii) Unlike the fact that the Plaintiff intended to clarify that there was the right of lease by demanding signature in the agreement (Evidence 3) when the Plaintiff had been operating the “C beauty room” prior to the opening of the “C beauty room.”

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