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(영문) 대전지방법원 2018.11.29 2018나107358
대여금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. On April 2012, the Plaintiff began to come to teach with the Defendant at the “tank” dance club with the Defendant, a ten-year grace period around April 2012, and lived around October 2016.

(See No. 5, No. 7, 2). (b) of the complaint.

On April 27, 2017, the Plaintiff and the Defendant meta with Luxembourg to experience dance culture (see Evidence A 8) and there was a dispute on May 25, 2017, where the Defendant assaulted the Plaintiff.

(Evidence Nos. 9, 3, 10, 13, see Evidence). (c)

On July 5, 2017, the Defendant: (a) prepared the following “the tea card (Evidence No. 6)” with the following content written its name and resident registration number in Luxembourg; (b) however, the loan certificate (Evidence No. 6) with the Plaintiff was teared.

The immediately preceding Plaintiff was able to photograph the loan certificate (No. 6) prepared by the Defendant.

I (referring to the defendant) borrow KRW 10,000,000 for the sole general expenses (monthly, living expenses, etc.) for the stay in Luxembourg after he she was sheed with A (the plaintiff).

The total expenses include the potential expenses from the present to the time of returning to the country.

Expenses promised by oral and this loan certificate shall be returned later and repaid after completing treatment of disease.

The borrowed 10,000,000 won includes expenses, such as the maintenance of the contractual lodging place, the provision of necessary exchange, and the ticket for the return aircraft, not the goods.

I examine and audit convenience. D.

On July 20, 2017, the Plaintiff retired from the teaching system with the Defendant, and returned to the Republic of Luxembourg on July 20, 2017.

(See Evidence Nos. 8). Each description of evidence Nos. 6, 8, 9, 10, 13, and 7 of the Grounds for Recognition (if there are more than one number, the number shall be included; hereinafter the same shall apply) and the purport of the whole oral argument

2. Summary of the plaintiff's assertion

A. The Plaintiff, while living together with the Defendant, either lent money or borne living expenses, such as expenses for travel, etc., and the Defendant.

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