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(영문) 수원지방법원 2017.07.20 2016가단25146
대여금반환
Text

1. The plaintiff's claim is dismissed.

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

Reasons

The plaintiff's assertion by the parties is ① the defendant, ② 40 million won on February 22, 2013 ② the same year.

(3) The same year.

6. 3. 10 million won (4)

(5) The same year.

6. Since a total of KRW 110 million, including KRW 10 million, has been leased, the Defendant is obligated to pay this amount.

Defendant said money concluded a contract with C on the store operating right within a swimming pool and paid to C as a security deposit. The Defendant merely lent only the name of the contractor under the above contract to the Plaintiff.

Facts of recognition

Defendant and D (representative: C and real operator) completed the following contract with Defendant and D (representative) as to a store in a swimming pool, and the Plaintiff was also present at the time of the preparation of the contract:

(2) The term “instant contract” refers to the term “instant contract”). From April 10 to February 28, 2014, 2013 to June 29, 2013, the term of KRW 70,000,000,000 on June 6, 2013, 200,000,000 won under the member’s G contract in Ansan-si, Suwon-si, Suwon-si, the Suwon-si, the location of the object.

8. 18. When the deposit was returned on August 20, 2013, KRW 20 million, KRW 20 million on January 30, 2014; KRW 35 million on August 31, 2013; KRW 35 million on February 28, 2014; the Plaintiff, via his/her own account, to account in the name of C; KRW 1.4 million on February 22, 2013; and

(3) The same year.

6. 3. 10 million won (4)

(5) The same year.

6. A total of KRW 110 million, including KRW 10 million, was remitted.

After the contract of this case, the third party operated the store located in Ansan-si, and both the plaintiff and the defendant did not operate the store. Since then, the plaintiff was paid money from E in relation to the store located in Ansan-si.

The plaintiff paid the expenses incurred in operating the store, such as the collection of money and the purchase of food materials, by using his card or cash, while working for the store located in Suwon-si, which has passed since the day.

On the other hand, the sales amount of the store shall be in the passbook of H, which was worked together with the Plaintiff, on the line of the original defendant.

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