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(영문) 광주고등법원 2015.04.24 2013나4837
대여금 등
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. The Plaintiff’s assertion and determination are the cause of the instant claim. The Plaintiff asserted that, as a result of the instant claim, he/she works for the Defendant as door-to-door seller for traffic cosmetics, and that: (a) 310,770,000 won in total over 30 times from March 7, 2011 to January 21, 201; (b) 30% in interest per annum; and (c) 58,164,00 won in total over 10 times from March 7, 2011 to March 21, 2012; and (d) entrusted the sale of cosmetics equivalent to KRW 58,715,00 in total over 105,715,000, deducted the remainder of KRW 205,227,200 and KRW 9,100 and KRW 10,81,088,608,080.

First, during the period from March 7, 2011 to January 21, 2012, the Plaintiff determined a total of KRW 310,770,000 per annum 30% (hereinafter “instant loan”) as shown in attached Table 1, and the Plaintiff entrusted the Defendant with the sale of cosmetics equivalent to KRW 58,164,00 (hereinafter “instant cosmetics”) in total from March 3, 201 to March 2012, there is no dispute between the parties.

Meanwhile, between July 28, 201 and January 25, 2012, the Defendant paid 105,715,000 won to the Plaintiff in total on 16 occasions as shown in attached Table 2, as the principal repayment of the instant loan between July 28, 201 and January 25, 2012, and the Defendant paid 42,27,200 won to the Plaintiff in total on 25 occasions from March 28, 201 to March 19, 2012, and returned 9,110,000 won in kind as the sales proceeds of the instant cosmetics.

Therefore, the Defendant, barring special circumstances, is obligated to pay to the Plaintiff the sum of KRW 205,05,00 (=310,770,000 - 105,715,000) out of the principal amount of the instant loan, and KRW 6,826,800 (=58,164,000 - 42,227,200 - 9,110,000) in total, and delay damages therefrom.

2.

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