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(영문) 대전지방법원 2019.05.01 2018가단18884
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. From April 2008, the Plaintiff received from the previous operator and operated the entertainment drinking house D in the wife population C from the wife population C from the previous operator.

B. The Plaintiff loaned money to the Defendant, who is an employee on May 6, 2008, the amount of KRW 11,500,000,000, to pay the Defendant the interest of 10% per annum on August 5, 2008.

C. The Defendant repaid to the Plaintiff KRW 4,000,000 on October 13, 2008, and KRW 6,000,000 on November 12, 2008.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, the purport of the whole pleadings

2. The plaintiff's assertion: (a) the plaintiff lent KRW 11,50,00 to the defendant; and (b) the defendant has repaid KRW 10,00,00 on two occasions from the defendant; and (c) the defendant shall pay the remainder after being appropriated in the order of principal and the delayed payment from November 13, 2008, which is the day following the last repayment date; (b) the plaintiff additionally pays KRW 1,50,000 to the defendant on May 16, 2008; and (c) the plaintiff shall additionally pay KRW 1,50,000,000, KRW 00,000, KRW 2,50,000, KRW 13,000, KRW 27,000, KRW 1,250, KRW 27,000, KRW 8,000, KRW 208, KRW 208, KRW 8,2008; and

3. Determination

A. According to the above facts, barring any special circumstance, the defendant is obligated to pay to the plaintiff the balance of 1,480,828 won and delay damages from November 13, 2008, the date following the final repayment date. 2) The judgment on the defendant's defense as to the nullity defense is that the plaintiff lent money for the purpose of inducing the defendant to engage in prostitution while working in entertainment tavern, and thus, the above claim is invalid as it is based on an illegal cause. However, the plaintiff asserts that the above claim is invalid.

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