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(영문) 부산지방법원 2020.09.23 2019나59141
대여금
Text

The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

purport.

Reasons

1. If the purport of the whole pleadings is added to the statements in Gap evidence No. 1 and Eul evidence No. 12, the defendant shall, upon the plaintiff's recommendation, make the same year from March 5, 2017.

6. From 30.0 to 30., it may be recognized that the Plaintiff’s mobile phone sales business was conducted at the Busan-gu mobile phone sales store.

2. The parties' assertion

A. The plaintiff's assertion that the plaintiff extended money to the defendant, and the defendant did not pay KRW 4,500,000 among them.

Therefore, the defendant should pay to the plaintiff the above 4,500,000 won and damages for delay.

B. The Defendant’s assertion that the Plaintiff entered into a subordinate relationship with the Defendant in return for receiving KRW 2,500,000 monthly wages from the Defendant, and provided labor for about four months as above.

4,50,000 won claimed by the Plaintiff is not a loan, but a defendant provided labor as above and received from the Plaintiff as advance payment, and is merely a wage.

3. In light of the following circumstances, the facts acknowledged prior to the judgment and the facts stated in the evidence Nos. 1, 4, and 4 as above, the Plaintiff loaned money to the Defendant, and the Defendant did not pay KRW 4,500,000 among them, may be acknowledged.

The partial entries in the evidence Nos. 9 and 13 in the evidence Nos. 9 and 13, which seem contrary to this, are difficult to believe as it is with the statement of D, a position similar to the defendant, on the other hand, according to the evidence Nos. 1, 5 through 8, and 14, and according to the written confirmation (Evidence No. 1) prepared by the plaintiff and the defendant to settle the obligation and obligation between them on June 30, 2017, "4.5 million won in total" (one of the prior definition of "provisional payment" refers to "payment" before the date on which the salary is determined), the plaintiff referred to as "payment" by the plaintiff to the defendant or D, the defendant and D are "payment", the time limit of work, the time limit of work, the facilities of the above sales store, etc.

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