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(영문) 춘천지방법원영월지원 2017.06.28 2016가단3510
대여금
Text

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

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

Reasons

Plaintiff

In the process of being introduced by the Defendants from 2003 to 2008, the Plaintiff, a primary assertion of the gist of the assertion, provided funds necessary for the Defendants to receive the employee from the Defendants. At that time, the Plaintiff agreed to return the funds received by the Defendants to the Plaintiff, if the Defendants were to resign during the period of his/her employment or the Defendants did not introduce other employees.

Since the Defendants were introduced and the employees who were employed by the Defendants have retired from office in the Do, and the Defendants failed to introduce other employees, they seek the return of the amount, such as the purport of the claim, out of the amount paid by the Plaintiff to the Defendants.

As stated in the preliminary assertion, the Plaintiff received employee from the Defendants, entrusted the Defendants with its duties, and loaned the necessary funds to the Defendants, and agreed to return the said funds.

The Defendants sought the return of the loan, as the grounds for returning the loan to the Plaintiff under the agreement.

Judgment

The Plaintiff’s introduction of employees from the Defendants while operating the Multilateral Bank; the Plaintiff agreed to refund the amount received from the Plaintiff to Defendant B from March 30, 2005 to June 9, 2008; and the Plaintiff paid approximately KRW 1.5.6 million to Defendant C from August 22, 2007 to May 2, 2008. However, the above evidence alone agreed to return the amount received from the Plaintiff when there were grounds such as the Plaintiff’s retirement of employees, etc. as the Plaintiff’s primary assertion.

or there is not sufficient evidence to acknowledge that such a contract has occurred, and there is no other evidence to acknowledge it.

Even if the plaintiff's primary assertion is sought for compensation for damages or return of unjust enrichment, the above evidence alone is that employee's retirement is by the defendants, or that the defendants received money by law.

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