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(영문) 수원지방법원안양지원 2019.06.14 2018가단10393
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff was employed by the Defendant or the company operating the Defendant, and served as a field manager at the site of construction by the Defendant or the company operating the Defendant.

B. The Plaintiff lent KRW 15 million to the Defendant.

C. On January 16, 2012, the Defendant drafted and rendered to the Plaintiff a letter of delegation (hereinafter “instant letter of delegation”) stating that “C shall delegate KRW 45 million borrowed from the Defendant to the Plaintiff.”

On October 25, 2011, the Defendant remitted the Plaintiff KRW 15,500,000 to KRW 6,515,000,000,000 from September 2, 2011 to August 3, 2012.

E. On October 25, 2011, the Plaintiff used KRW 10 million, among KRW 15.5 million remitted from the Defendant, as the Defendant’s office lease deposit. Moreover, the Plaintiff transferred KRW 2,789,100 to a certified judicial scrivener, KRW 201,30 to D, KRW 501,300 to a certified judicial scrivener, and KRW 4,118,170 to E.

F. On May 30, 2014, the Defendant filed a complaint with the Plaintiff stating that “the Defendant did not pay wages and retirement allowances to the Plaintiff.” However, on May 30, 2014, the Seoul Southern District Prosecutors’ Office received “a disposition that was not suspected” from the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, Eul evidence Nos. 1, 2, 4 through 7, the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. Plaintiff’s assertion 1) The Plaintiff loaned the above KRW 15 million to the Defendant and did not receive all the loan from the Defendant. Meanwhile, on October 25, 201, the Defendant transferred KRW 15.5 million to the Plaintiff on October 25, 201, only was used as the Defendant’s office lease deposit, a certified judicial scrivener’s fee to be paid by the Defendant. 2) The Plaintiff agreed to receive KRW 3.8 million between the Defendant and the Defendant’s or the Defendant’s management company, and served as a field manager, employed by the Defendant or the Defendant’s management company.

However, the plaintiff is the defendant or defendant.

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