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(영문) 수원지방법원 2016.12.08 2016가단509637
대여금반환
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Claim of this case

A. The relationship between the parties, the relationship between the Plaintiff and the Defendant B, and the relationship between the restaurant operation of this case, are one-time personnel, and the Defendant C is the mother of Defendant B.

around June 2013, Defendant B founded the restaurant “E” (hereinafter referred to as the “E”) in Suwon-si, Suwon-si, and Defendant C also participated in the operation of the said restaurant by changing the name of the restaurant operator and the lessee to Defendant C.

The Plaintiff was gradually involved in the operation of the instant restaurant with assistance in customer management, online marketing, etc. in the instant restaurant service.

B. From October 2013, Defendant B proposed that Defendant B paid the Plaintiff food materials, etc. for the instant restaurant operation with a credit card under the Plaintiff’s name, and later deposited the said money in cash with the Plaintiff’s passbook. Although the Plaintiff had the Defendants use two copies of the credit card under the Plaintiff’s name, the Plaintiff did not deposit the credit card use fee due to the difficulties in operating the card from around October 2014 to May 2014. Furthermore, the Plaintiff lived with Defendant B from around October 2013 to around May 2014, and used the cost of living with the Plaintiff’s credit card under the Plaintiff’s name. 2) The amount of money paid by Defendant B with the Plaintiff for the purpose of operating the restaurant was leased to the Defendants for the purpose of operating the Plaintiff’s accommodation with the Plaintiff’s KRW 1/2, the cost of living with Defendant B and the Defendant’s share of KRW 15 to KRW 148,7,57,7,700 for the Plaintiff’s convenience of living with Defendant B and the Plaintiff’s share 15.

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