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1. As to KRW 10,305,875 and KRW 2,524,161 among the Plaintiff, the Defendant shall pay to the Plaintiff KRW 4,50,680 from July 16, 2014.
Reasons
1.The following facts of recognition may be found either in dispute between the parties or in full view of the purport of the entire pleadings in each entry in Gap evidence of 1 to 8, 12 to 14, Eul evidence of 1, 2, 4, and 5 (including the number of branches).
The plaintiff concerned is a de facto marriage spouse of E, F, who actually operated a D restaurant located in Suwon-gu Busan Metropolitan City, and the defendant was engaged in construction machinery rental and construction work business as a person who is engaged in E and construction business.
B. On October 17, 2013, the Defendant is a dump truck (hereinafter “instant truck”) with G 25.5 tons from G 25.5 tons from the G Masung Integrated Cable Co., Ltd. (hereinafter “instant truck”).
(2) In order to purchase the instant truck in KRW 86,00,000, the Plaintiff and E received a loan under the Plaintiff’s name and paid the purchase price, and register the instant truck in the Plaintiff’s name. On the other hand, the Defendant agreed to operate the instant truck and pay taxes and public charges, expenses, and principal and interest of the Plaintiff’s name (hereinafter “instant agreement”).
(2) Pursuant to the instant agreement, around October 17, 2013, the Plaintiff paid KRW 90,000,000 (hereinafter “instant loan”) that the Plaintiff borrowed from the JBW Capital Co., Ltd. (hereinafter “JB Capital”) under the joint and several guarantee of F and Defendant. The instant truck was registered in the Plaintiff’s name on October 25, 2013, and the Defendant operated the instant truck in the form of putting the instant truck into a large-scale mid-term company (hereinafter “large-term company”).
C. (1) However, the Defendant paid only the principal and interest of the instant loan on three occasions from November 201 to January 2014, 2014, and did not pay the principal and interest of the instant loan from February 2014. (2) The Plaintiff is the principal and interest of the instant loan; (1) the Plaintiff is the principal and interest of the instant loan; (2) the Plaintiff is the Plaintiff as the principal and interest of the instant loan; (2) KRW 2,524,161, May 2, 2014; and (2) the Plaintiff as the principal and interest of the instant loan.