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(영문) 수원지방법원안산지원 2019.06.26 2018가단51365
대여금
Text

1. The Defendant: (a) KRW 28,048,038 and the Plaintiff’s KRW 5% per annum from February 5, 2018 to June 26, 2019; and (b).

Reasons

1. Facts of recognition;

A. The Plaintiff joined with the Defendant from July 2014 to July 17, 2015, while living together from June 17, 2015 to July 2017.

B. On December 2, 2014, the Defendant started to operate the four-day store (hereinafter “D additional store”) with the name of “D” from time around December 22, 2014, by advertising for the operation of the four-day store at Seocheon-si, Seocheon-si, Seocheon-si, and renting the store at Seocheon-si, Seocheon-gu, Seocheon-si C, and completing the artificial photography, and thereafter running the four-day store (hereinafter “D additional store”).

C. Around March 2016, the Defendant had a mind to expand and move the foregoing four-day point to a luminous holiday, and began to operate the NAT store in the same trade name (hereinafter referred to as “D light name store”). On June 30, 2016, the Defendant leased the NAF store of the E building in light of light, and completed the interior, and thereafter changed from that time to the trade name of the same company (hereinafter referred to as “G”).

From January 7, 2015 to June 5, 2017, the Plaintiff paid a total of KRW 127,249,290 to a third party with respect to D secondary points and optical scenic points as indicated in the following table, and received KRW 53,750,000 in total from the Defendant.

Items (won) The amount of D D D D D D D D D D D D D D D D D D 17,229,50,50,00 Syzine 5,500,00 Syzine 7,289,289,40 public charges of purchasing 2,103,380 public charges of purchasing 3,99,91,950 D D D Lighting Point 28,600,600 Syzine 25,919,000,576,000 public charges of KRW 6,50,000,000 public charges of KRW 7,127,249,29,29,000 [Grounds for recognition], and the purport of the entire pleadings and arguments as provided for in subparagraphs A through 16

2. Determination

A. According to Article 680 of the Civil Act of the judgment on the cause of the claim, delegation takes effect when one of the parties has entrusted the other party with the management of the affairs and the other party has consented thereto.

The above evidence and the costs paid by the Plaintiff, namely, the lease deposit of the four-day store operated by the Defendant, the test cost, the employee’s benefits, the cost of purchasing materials, and public charges, which are acknowledged by comprehensively taking account of the entire arguments in the parties’ personal examination as to the Defendant.

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