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(영문) 부산지방법원 2020.05.29 2019나57305
대여금
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. Facts of recognition;

A. The Plaintiff is a person who actually operates D Co., Ltd. (hereinafter “D”).

The Defendants worked in D from July 1, 2010.

B. The Defendants and Defendant B’s wife: (a) borrowed money from the Plaintiff (hereinafter “each of the instant loans”) in order to raise funds for the business of selling malicious products from mobile phones operated by E; (b) as follows, they borrowed money from the Plaintiff.

1. 0. 1. 1. 1. 5, 20. 1. 0, 200. 1. 1. 5, 200. 1. 1. 1, 200, 200. 3. 1. 1. 1, 200, 000, 12. 1. 1. 30. 1, 200. 1, 200. 3. 1, 200. 1, 200. 1, 200. 3. 1, 200. 1, 20. 1, 200. 1, 200. 1, 200. 16. 20, 200. 13, 200, 2000, 13. 1, 2000, 4. 1, 2012

C. Since then, the Defendants repaid the total of KRW 14,730,000 as part of each of the instant loans (hereinafter “each of the instant loans”) as follows.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3, the purport of the whole pleadings

2. Determination

A. According to the above facts, each of the instant loans does not include the money remaining after the Plaintiff excluding the money that the Plaintiff paid to the Plaintiff out of each of the loans of this case, for which the Plaintiff paid to him/her, as indicated in the separate appropriation statement, and the principal (one million won of the amount of the repayment after January 1, 2014, which was the date on which the Plaintiff claimed interest and the damages for delay, are due and payable to the principal) of each of the instant loans of this case, as stated in the separate appropriation statement.

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