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(영문) 부산지방법원 2019.05.30 2018나4656
선수금반환
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. The Plaintiff asserted that, upon the instant application for the instant payment order, the Plaintiff asserted that “the Defendant retired from office as the Plaintiff’s operating employee until April 2014, the Defendant received excessive KRW 8,630,320 from the Plaintiff as a result of the final settlement of advance payment and operating allowances up to that point, and thus, the Defendant sought the return of that amount against the Defendant.”

On June 5, 2018, the Plaintiff asserted as follows: “The Defendant began the business of selling the Plaintiff’s soil-interest teaching materials from the year 2014 to C and the Dong business; C and the Defendant requested the Plaintiff to pay the monthly salary for their new employees on April 2014; and the Plaintiff paid KRW 8,92,820 on behalf of C and the Defendant’s employees. As such, the Defendant, a member of the Dong company, is liable to pay the Plaintiff the said KRW 8,992,820, which is the Defendant’s employee, and sought the return of KRW 8,630,320, which is deducted from the Defendant’s allowance.”

On July 6, 2018, the Plaintiff: (a) entered the Plaintiff’s business of selling teaching materials, etc. on or around February 201, 201 as C; (b) decided to conduct the said business with C from December 2, 2013; (c) the Plaintiff and C as the Defendant’s operating capital on December 6, 2013; (d) KRW 2 million on January 28, 2014; (e) KRW 66 million on February 5, 2014; and (e) KRW 3 million on June 6, 2014; and (e) KRW 206,00,000,000,000 KRW 860,000 on February 6, 2014; and (e) KRW 3 million on February 19, 2014; and (e) KRW 3 million on August 4, 2014; and (e) KRW 3 million on February 27, 2014,2014.

2. Determination.

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