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(영문) 춘천지방법원 2020.12.02 2018가합138
대여금 등
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. The plaintiff's assertion

A. The Plaintiff loaned the Defendant Union’s promotion committee (hereinafter “promotion committee”), KRW 70 million on October 28, 2014, and KRW 100 million on February 16, 2015, respectively. On July 30, 2015, the promotion committee promised to reimburse the Plaintiff up to September 30, 2015.

B. On November 23, 2014, a promotion committee entered into an agency contract with C and D to recruit members. At the time, the Plaintiff, as a general director of the sales agency, performed business activities, such as subsidization of all operating expenses with respect to the recruitment of members.

On April 30, 2015, the promotion committee promised to pay to the Plaintiff a total of KRW 83.5 million (167 households of recruitment members x 500,000) under the name of service commission upon termination of the above agency contract for soliciting partners by September 30, 2015.

C. On November 30, 2015, E transferred to the Plaintiff the claim amounting to KRW 180 million against the Promotion Committee, and notified the Defendant Cooperative on January 7, 2016.

Defendant Union succeeded to the rights and duties of the promotion committee.

Therefore, the Defendant Union is obligated to pay to the Plaintiff the sum of KRW 190 million, service fees of KRW 83.5 million, the sum of KRW 180 million, KRW 453.5 million, and delay damages therefrom.

2. The evidence presented by the Plaintiff alone is insufficient to recognize that the Defendant Union is obligated to pay the above loans, service fees, and acquisition fees to the Plaintiff, and there is no other evidence to acknowledge this otherwise.

The Plaintiff, on the ground that F received KRW 570,00,000,000 from F, the amount of the settlement agreement held by F against the Defendant Union, and submitted and withdrawn an application for modification of the purport of the claim and the cause of the claim, changing the cause of the instant claim to the claim for acquisition money

The Plaintiff stated through a preparatory document dated December 20, 2019 that the cause of the claim against the Defendant Union was changed to the claim for transfer money. However, the claim was made on April 27, 2020 thereafter.

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