대여금
1. Of the judgment of the court of first instance, the part against the defendant in excess of the following order of payment shall be revoked.
1. Basic facts
A. The Plaintiff is a person who manufactures and sells female bags, etc. while operating a store in the name of “C” (the trade name in the business registration certificate is “D”; hereinafter “instant store”).
B. Although the Defendant did not have an explicit labor contract relationship with the Plaintiff, it was a person who had been in charge of the sales of goods and the storage of sales proceeds by dealing with the spOS terminal of the instant store from around November 2012, which began to assist the Plaintiff in performing the sales of the instant store from around July 23, 2014.
[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings
2. Determination as to loan claims
A. On May 30, 2013, the Plaintiff, without interest, lent KRW 50 million to the Defendant and paid KRW 5 million each month on May 30, 2013.
B) On February 7, 2014, the Plaintiff lent KRW 830,00 to the Defendant on behalf of the Defendant without setting the interest and the due date for repayment. C) On February 10, 2014, the Plaintiff lent the loan to the Defendant by means of settling the Defendant’s provisional payment instead of setting the interest and the due date for payment. D) On February 24, 2014, the Plaintiff lent the loan to the Defendant by means of settling the Defendant on behalf of the Defendant without setting the interest and the due date for payment. [Grounds for recognition] There is no dispute, and evidence Nos. 2 through 5 (including the serial number; hereinafter the same shall apply).
(2) According to the above facts, each of the entries, images, and arguments and the purport of the whole pleadings, the plaintiff can recognize the fact that the plaintiff lent a total of KRW 58.98 million to the defendant ( KRW 5.89 million to KRW 5.3 million to KRW 3.1.5 million) and the plaintiff is a person who has received payment from the defendant (see the following details of payment). Thus, the defendant is a person who has received payment of KRW 32 million from the defendant, barring special circumstances, the remaining amount of loan 26.98 million to the plaintiff ( KRW 5.898 million to KRW 32 million to the plaintiff) and this is related thereto.