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(영문) 대전지방법원 2018.06.22 2017가단14267
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Both claims;

A. On August 11, 2016, the Plaintiff, who conducted research for the production of home body and the reproduction of home body head for 35 years, and who was the representative of “C”, concluded a service contract with the Defendant on August 11, 2016 regarding the division of services and the beauty art business among the programs produced by D (hereinafter “D”), and received KRW 135 million as the down payment on the day.

On the day of the payment of the down payment, the Defendant requested the Plaintiff to pay the said down payment that “one month in which the said down payment falls short of the money, and immediately repaid the down payment, KRW 60 million,000,000,000,000,000,0000,000 won,” and the Plaintiff, who is in the so-called “B” position to receive the service delivery, could not refuse it, and thus, remitted the down payment to the Defendant’s corporate banking account on August 12, 2016, KRW 60,000,000,0000 on the following day.

After that, the Defendant, despite the Plaintiff’s performance of the duty of good faith, made an unfounded old room and notified the termination of the above service contract orally around November 2016. The Plaintiff contacted and urged the Defendant several times to receive the above loan, but did not receive the above loan amounting to KRW 60 million until now, and became in the lawsuit of this case.

Even if it is not a loan of a novel, 60 million won shall be refunded as unjust enrichment.

B. On August 11, 2016, the Defendant’s representative prepared a service payment of KRW 210 million between the Plaintiff and the Plaintiff on August 11, 2016, and paid KRW 135 million as the down payment on that day. However, the actual service payment is KRW 150 million, and the service payment is written as KRW 210,000,000 on the contract by adding up KRW 60 million.

The reason is that the defendant's payment of personnel expenses or various kinds of expenses not deposited in the process of producing the diversity, but did not issue a tax invoice for this, thereby treating the disadvantage of the tax.

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