beta
(영문) 수원지방법원 2020.11.18 2019나85195

대여금

Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. Basic facts

A. The Plaintiff is the representative director of C Co., Ltd. (hereinafter “C”), and D is a person who was the representative of an individual company of the Plaintiff’s trade name “E” as the Plaintiff’s spouse, and the Defendant is a person who was working for “G” operated by F and currently is the representative director of H.

B. G or H Co., Ltd., and C, from July 12, 2011 to December 29, 2017, the total amount of KRW 8,704,316,080, and D (E) were traded to supply each of the goods equivalent to KRW 1,983,30,000 (hereinafter “instant transaction”) from August 26, 201 to October 26, 2017.

C. If the details relating to the instant case among the account transactions that the Plaintiff, D, and C remitted to the Defendant or a third party from August 10, 2007 to March 14, 2012 are organized, it is as listed below:

(1) The Plaintiff 2, 200, 200, 200, 200, 200, 200, 300, 200, 200, 200, 200, 200, 200, 300, 200, 200, 20, 200, 200, 300, 200, 200, 200, 200, 200, 30, 200, 200, 30, 200, 24 K 60, 60, 200, 300, 200, 200, 300, 200, 200, 300, 200, 200, 300, 200, 10, 10, 5, 10, 2010

D. On April 4, 2012, the Defendant repaid KRW 120,000 to the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 to 5, the purport of the whole pleadings

2. The parties' assertion

A. In the first instance court, the Plaintiff lent a total of KRW 310,000,000 to the Defendant, and the Defendant led to the confession that the amount of each of the instant transfers was borrowed from the Plaintiff.

The Plaintiff’s interest from the Defendant 10,000 among the above loans.