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(영문) 춘천지방법원 2019.10.16 2019나50059
대여금
Text

1. All of the appeals filed by the Plaintiff (Counterclaim Defendant) regarding the principal lawsuit and the principal lawsuit and the counterclaim by the Defendant (Counterclaim Plaintiff).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Determination as to the principal lawsuit

A. As to the claim for a loan, the parties asserted that the Plaintiff lent KRW 3 million to the Defendant on November 26, 2015, and KRW 8 million on January 25, 2016. Accordingly, the Defendant asserted that “the Plaintiff received the above money from the Defendant, who is an insurance solicitor, in the course of proposing the transfer of its affiliation to the branch office of the insurance company run by the Plaintiff, under the pretext of subsidies (ScarT) promised to pay the said money. 2) Even if there is no dispute as to the fact that the said money was available between the parties, the Plaintiff is obliged to bear the burden of proof as to the lending, when the Defendant contests the Defendant with the burden of proof against the Plaintiff, (see, e.g., Supreme Court Decisions 72Da221, Dec. 12, 1972; 2014Da26187, Jul. 10, 2014; or (g) the Defendant received KRW 2016, Jan. 16, 2014.

C) However, the following circumstances revealed through the fact that there is no dispute between the parties and the purport of the entire pleadings, namely, ① the Plaintiff, an insurance solicitor, changed the affiliation of the Defendant to the branch of an insurance company operated by the Plaintiff, and: (a) the Plaintiff paid subsidies to the Defendant; (b) bears all expenses, such as the insurance solicitor office operating expenses; and (c) the Defendant agreed to achieve a certain insurance customer attraction performance (hereinafter “instant agreement”).

However, the details of the subsidy to be paid by the Plaintiff.

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