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(영문) 부산지방법원 2017.05.02 2016가단331179
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. From April 2003, the Defendant: (a) around 2003, from around 8, 2003, the 64 households of loan 19, Ulsan-gu, Nowon-gu, Seoul-gu; (b) around the end of 2003, the Defendant newly built a multi-family housing unit E in Ulsan-gu; (c) around the end of 2003, borrowed KRW 100 million from the Plaintiff to pay interest and performance; and (d) drafted a loan certificate of KRW 290,000,000,000.

(The plaintiff did not receive the above money, and received KRW 100 million around September 2008. The plaintiff performed the activities with Busan for the aforementioned new construction and sale project promoted by the defendant from November 5, 2003 to November 13, 2008. The defendant must pay to the plaintiff KRW 25 million as personnel expenses for that period.

2. The Plaintiff sought payment of the above KRW 25 million for personnel expenses from November 5, 2003 to November 13, 2008. However, inasmuch as there is no evidence to prove that there was an agreement between the Plaintiff and the Defendant on the payment of the Plaintiff’s personnel expenses, the Plaintiff’s assertion alone does not lead to the Defendant’s obligation to pay the personnel expenses. Thus, the Plaintiff’s assertion is without merit without further review.

3. Therefore, the plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.

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