(영문) 서울중앙지방법원 2015.05.28 2014가단187349

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(영문) 서울중앙지방법원 2015.05.28 2014가단187349

대여금

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1. The plaintiff's claim is dismissed.

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

Reasons

1. The plaintiff asserted that the plaintiff worked as the head of the office of an attorney-at-law and provided consultation to the defendant if the applicant for individual rehabilitation had been found, and received counseling allowances of KRW 700,000 per case from the attorney-at-law, and the plaintiff is responsible for the plaintiff and returned the above allowances to the attorney-at-law unless the delegation contract for individual rehabilitation is finally concluded. Since 30 out of the contract for the amount delivered to the defendant as counseling allowances from December 24, 2012 to February 28, 2013, 30 out of the contract for the amount delivered to the defendant as counseling allowances, the plaintiff returned the above revoked allowances to the attorney-at-law, the defendant is liable to pay the plaintiff the remaining 12,750,000 won.

2. In the instant complaint, the Plaintiff stated that the amount for which the Plaintiff seeks payment to the Defendant is the remainder of loans of KRW 2,1850,000 paid by the Plaintiff to the Defendant. On November 18, 2014, an application for change of the purport of the claim and the cause of the claim made by the Plaintiff to the effect that the Defendant entered into a contract with the Plaintiff in consultation with the Plaintiff on behalf of the Plaintiff, changed the Defendant’s statement that the amount of KRW 2,185,000,000,000,000 shall be returned upon cancellation of the contract among the allowances paid by the Plaintiff. On March 17, 2015, an application for change of the purport of the claim and the cause of the claim made by the Plaintiff was changed to the statement that the amount was KRW 12,755,00,000,000

In light of the fact that there is a doubt that a simple counseling allowance is KRW 700,000 per case, the evidence presented by the plaintiff alone is insufficient to believe that the plaintiff's assertion is insufficient and there is no other evidence to prove otherwise.

3. Thus, the plaintiff's claim of this case is justified.

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