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(영문) 서울고등법원 2015.01.23 2014나14414
정산금 등
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. The Defendant runs the recycling business with the trade name of “C”.

The Defendant was married with D from February 1993, but became aware of the Plaintiff who works in the singing room around July 18, 2012, and lived with the Plaintiff from July 2012.

Around March 3, 2013, the Defendant resided with D, a legal spouse, who is the Plaintiff and D around March 3, 2013, but was divorced from D following the procedure of divorce on July 2013.

[Reasons for Recognition] Uncontentious Facts, Witnesses D, E's testimony, purport of whole pleadings

2. The Plaintiff, as the primary cause of the claim, concluded an agreement on the settlement of accounts with the purport that the Defendant would pay KRW 150 million to the Plaintiff an advance payment that the Defendant would receive from Cheongdol Co., Ltd. from Cheongdol Co., Ltd. to February 25, 2013. Thus, the Defendant is obligated to pay KRW 150 million to the Plaintiff the settlement of accounts in accordance with the above settlement of accounts agreement.

However, the witness E’s testimony alone is insufficient to recognize that the Defendant agreed to pay KRW 150 million to the Plaintiff as the settlement money, and there is no other evidence to acknowledge it. Therefore, the Plaintiff’s above assertion is without merit.

3. Judgment on the conjunctive claim

A. The Plaintiff’s assertion is a conjunctive claim. ① The Defendant, from the end of July, 2012, was unable to engage in income activities with the Defendant as the Plaintiff was living together with the Defendant, entered into an agreement on the remuneration that the Plaintiff would pay KRW 4 million per month to the Plaintiff. ② The Plaintiff loaned KRW 54,249,864 to the Defendant on five occasions, including the amount to be paid to the Defendant’s business partner (On the other hand, the Plaintiff asserted that the amount used to pay the Defendant’s business obligation with the Plaintiff’s money in accordance with the attached Table attached thereto, and claimed that the amount used to pay the Defendant’s business obligation was KRW 57,572,184). ③ The Defendant approaching the Plaintiff by marriage and living together with the Defendant for eight months.

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