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(영문) 대구지방법원 2014.12.26 2014나12216
대여금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Facts of recognition;

A. The Defendant was the birth of the Plaintiff’s wife C, and was living together with the Plaintiff’s family from around 2007 to around 2012.

B. From March 26, 2007 to January 30, 2009, the Plaintiff transferred a total of KRW 39,291,000 as indicated in the “the details of remittance of the Plaintiff” in the attached Table, and the Defendant transferred a total of KRW 5,340,000 to the Plaintiff, as shown in the “the details of remittance of the Plaintiff” in the attached Table.

C. On May 16, 2007, C filed a revised report on May 16, 2007 with the business registration (business registration number G) using the trade name “E”, with the location of the place of business “F in Daegu” as “F in Daegu,” and on June 5, 2008, with the location of the place of business “F in Daegu, 101-415”, the trade name on April 23, 2010 as “I”; the location of the place of business as “Seoul North Korea J in Daegu”; and the location of the place of business as “Seoul North KoreaK in Daegu,” respectively.

From June 2009, the Plaintiff operated I in Daegu Northern-gu L, and operated the Internet shopping mall by using the above C’s business registration.

E. On August 1, 2008, the Defendant registered the Plaintiff’s mother’s business under the name of M and sold cosmetics samples in the name of “N” and closed the business on January 5, 201.

F. The Defendant calculated I’s revenue and expenditure, including N’s purchase cost and sales profit, etc. from January 201 to April 2010. Although I was not paid a fixed monthly wage at the beginning of the first project, from June 2009, 40% of I’s revenue and 50% of I’s revenue were paid each month.

G. The Defendant joined the National Pension Service as an employee of I from October 2010 to February 2013. The Defendant’s standard monthly income for pension calculation is KRW 800,000,782,000 from July 201 to June 2012, 201, and KRW 892,00,000 from July 201 to February 2013, 201.

H. The Defendant retired from office around February 2013, and received half of the I material from the Plaintiff, and around May 2013.

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