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(영문) 창원지방법원마산지원 2017.09.14 2016가단11359

대여금

Text

1. The Defendant’s KRW 2,092,847 as well as 5% per annum from July 21, 2015 to September 14, 2017 to the Plaintiff.

Reasons

1. Determination as to the cause of claim

A. The party’s assertion asserts that the Plaintiff lent KRW 12,422,70,00 to the Defendant, who is an employee of the restaurant, on October 14, 201, who is an employee of the restaurant. In addition, the Plaintiff loaned KRW 12,42,70 in total from April 201 to May 2015 under the pretext of advance payment and lent KRW 37,42,70 in total.

On the other hand, the defendant asserted that from April 201 to May 2015, the plaintiff borrowed money from the plaintiff, including the above 25,000,000 won and various advance payments, from time to time, and repaid a certain amount with deducting the specified amount from the paid amount. The defendant confirmed that the last remainder of the loan amount was KRW 12,422,70, which was retired from the plaintiff restaurant around May 2015 and decided to pay it until July 20, 2015.

B. In full view of the following circumstances acknowledged by comprehensively taking account of the respective descriptions in subparagraphs 1 through 7 and 3 through 5 of subparagraphs A and the purport of the entire pleadings, the Plaintiff, from April 201 to May 2015, was frequently lent money to the Defendant from around May 201, and was paid from the payment to the Defendant in a manner of deducting the money from the payment, and the loan last remaining after around May 2015 was KRW 12,422,70, and the Defendant agreed to pay the said money by July 20, 2015.

1) The Defendant, under employment in the Plaintiff’s restaurant from April 201 to July 2014, as well as KRW 2.5 million per month from August 2014 to April 2015, and paid KRW 2.7 million per month from August 2014 to April 2015. The Defendant’s benefits that the Defendant is to receive from the Plaintiff are the total of KRW 124,300,000 [2.5 million + (2.5 million x 4.0 million x 9 months]. (2) The sum of the benefits that the Plaintiff paid by means of credit transfer to the Defendant, his family members, etc. from April 201 to April 2015 is KRW 90,230,000.

(The sum total of KRW 1,890,000 paid by the Plaintiff to C, D, and E, other than KRW 88,340,000 paid by the Defendant. The Plaintiff paid to the Defendant by account transfer.