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(영문) 서울중앙지방법원 2018.07.24 2018나29558
대여금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. The Plaintiff is a company running an insurance agency, and the Defendant served as the Plaintiff’s insurance solicitor from January 7, 2016 to August 16, 2016.

B. The Plaintiff’s bank account as the Defendant’s bank account, KRW 4,000,000 on December 28, 2015, KRW 4,000,00 on January 29, 2016, and the same year

2. 4,00,000 won, and the same year.

3. 28.5,132,300 won was remitted.

C. The “Advanced Payment Statement” contains the following: December 4, 190; January 4, 000,000,000 won; February 4, 000,000 won; and March 28, 200,000 won; and the Defendant signed after his name.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3 (including branch numbers if there are branch numbers) and purport of whole pleadings

2. The party's assertion and judgment

A. The plaintiff asserts that 12,00,000 won out of the money remitted to the defendant is loaned to the defendant in the form of advance payment upon the defendant's request. Thus, the defendant is obligated to pay to the plaintiff the amount as stated in the claim.

In regard to this, the defendant asserts that it is not a loan that the plaintiff would not be paid the salary as a settlement subsidy at the time when he would be an insurance solicitor at the Epis flus flus flus flus flus flus flus flu

B. Therefore, in light of the overall purport of the statement and arguments as to whether a monetary loan for consumption was established as alleged by the Plaintiff, the Defendant left the Plaintiff company even if it did not have many career experience as an insurance solicitor, and the Defendant appears to have failed to receive insurance design fees due to the absence of any particular performance after leaving the employment. Each of the above amounts was paid on a certain day at intervals of one month, and was in the form of payment, and the Defendant was relatively consistent with the period for which the Plaintiff was paid the said money to the Plaintiff as the Plaintiff’s employee, and the period for which the Defendant was paid the said money.

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