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(영문) 창원지방법원 2017.04.20 2016나54685
청구이의
Text

1. Revocation of the first instance judgment.

2. The Defendant’s loans to the Plaintiff, etc., Changwon District Court 2010 tea 1815, etc.

Reasons

1. Basic facts

A. The Plaintiff, while working in the “F” located in Kimhae-si, was engaged in the entertainment and commercial sex acts, and was employed by D from December 1, 2009 to February 2, 2010, and did not receive any separate remuneration under employment in the “H”, which is an entertainment business located in Jin-gu G located in Jin-gu, Jingu, Jin-gu, which was operated by D. The Plaintiff was engaged in the entertainment and commercial sex acts on condition that D would bring the remainder to the Plaintiff after deducting the fee from the entertainment expenses paid to customers and the commercial sex acts amounting to KRW 70,000.

B. On December 3, 2009, the Plaintiff demanded D to prepare a loan certificate stating “The principal, interest rate of 2% per month, maturity on March 2, 2010,” and the joint guarantor “C (I)” (hereinafter “the loan agreement of this case”) and deliver the above loan certificate and its notarized delegation certificate, personal seal impression, resident registration certificate, resident registration copy, and resident registration copy (hereinafter “the borrowed certificate, etc.”) to D, to furnish money to repay the prepaid amount remaining in the above “F”. On the same day, D delivered the above loan certificate, etc. to the Defendant, and received KRW 470,000 from the Defendant to its account.

C. D transferred the said KRW 4.7 million to the Plaintiff’s parent account on the same day, and on the same day, the said KRW 4.7 million was remitted to the K K’s account that operated “F” from the said J’s account.

While working in H, the Plaintiff was forced by D to engage in commercial sex acts with customers in entertainment establishments under the loan agreement of this case. During the above period, part of the commercial sex acts received from customers was paid to D.

E. The Plaintiff and the Defendant came to know from the time when the Plaintiff worked in the above “F”.

F. On June 21, 2010, the Defendant applied for a payment order against the Plaintiff and C with the Changwon District Court Decision 2010 tea1815, and the Defendant applied for a payment order against the Plaintiff and C, and the Plaintiff and C jointly with the Defendant.

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