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(영문) 서울중앙지방법원 2016.09.22 2016나16565
대여금반환
Text

1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.

The defendant.

Reasons

1. Facts of recognition;

A. The Plaintiff is a person who has worked as a secretary at an office operated by a certified judicial scrivener D.

B. On September 23, 2004, the Plaintiff was entrusted by the Defendant with the filing of a provisional injunction against disposal of real estate located in Yongsan-gu, Busan Metropolitan City, a Central Construction Co., Ltd. (hereinafter “instant provisional injunction”).

C. At the time, the Defendant agreed to reimburse the Plaintiff’s expenses, such as the registration tax and local education tax, which the Plaintiff should pay to the Plaintiff for the registration of the instant provisional disposition (hereinafter “instant agreement”).

On October 4, 2004, the plaintiff paid the registration tax and local education tax for the registration of provisional disposition in this case and 25,397,590 won [10,582,332,00 won [2/100 local education tax (2/100 x 20/100)] of the amount of claim in the provisional disposition case 】 (e.g., the registration tax 2/100 local education tax (2/100 x 20/100)]. The decision of acceptance of the application in this case was made on October 5, 2004. Accordingly, the registration of provisional disposition in this case was completed. [The fact that there is no dispute over the grounds for recognition, Gap evidence 1 through 4, and evidence 6 through 8, the purport of the whole pleadings, and

2. Determination

A. According to the above facts, the defendant is obligated to pay to the plaintiff the sum of the registration tax and local education tax paid by the plaintiff for the registration of provisional disposition of this case pursuant to the agreement of this case. 2) In addition, in the course of handling the application for provisional disposition of this case, the plaintiff paid 900,800 won, 600,000 won, 200,000 won for the issuance of the copy of the register of this case, and 16,200 won for the delivery fee, and 16,200 won for the issuance of the copy of the register of this case, so the defendant is obligated to pay the above amount. However, although it is insufficient to acknowledge the above facts, there is no other evidence to acknowledge this, the plaintiff's assertion of this part of this case is without merit.

B. The defendant's assertion and judgment 1, and at the time the plaintiff made the provisional disposition of this case.

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