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(영문) 수원지방법원 2018.04.11 2017나10685
대여금
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. The Plaintiff’s asserted CK had obtained approval from the Human Resources Development Service of Norway as an institution for employment training of nurses, and the Plaintiff was delegated by the CKE operator E with all of its operational rights, such as receiving education and training expenses. The Defendant is the one-time trainee of the above training course established around March 2009.

The above trainees including the defendant should bear the training expenses of KRW 19,00,000 per capita (Korean training expenses of KRW 9,000,000,000,000). However, as the defendant's transfer of KRW 5,000,000 to the plaintiff on August 5, 2009, it is difficult for the plaintiff to pay the remainder of the training expenses due to economic difficulties, the defendant requested the plaintiff to pay the remainder of the training expenses.

Accordingly, the Plaintiff paid 14,00,000 won out of the Defendant’s training expenses to CK, and the Defendant was liable for the said 14,000,000 won to the Plaintiff.

Therefore, the defendant is obligated to pay to the plaintiff the above 14,00,000 won and damages for delay from August 6, 2009, after remitting the above 14,00,000 won to the plaintiff.

2. The fact that the Plaintiff was delegated with the right of operation, such as the receipt of education and training expenses, by the Defendant, the first-time trainee in the above training course, by the Defendant remitted KRW 5,000,00 to the Plaintiff, by the Plaintiff’s name, and by the Plaintiff’s transfer of Norway to the D Center two times in the name of the Plaintiff, the fact that no dispute exists between the parties or the entire purport of the pleadings is recognized.

However, a loan for consumption takes effect when one of the parties agrees to transfer the ownership of money or other substitutes to the other party, and the other party agrees to return the same kind, quality, and quantity (Article 598 of the Civil Act). It is recognized that the Plaintiff and the Defendant entered into a contract for a loan for consumption with money as alleged by the Plaintiff regarding KRW 14,00,000.

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