beta
(영문) 서울중앙지방법원 2016.09.02 2015가단40805

대여금

Text

1. Defendant B’s 60,000,000 won and the interest rate of 24% per annum from May 1, 2014 to the date of full payment.

Reasons

1. Determination as to the claim against the defendant B

A. The following facts do not conflict between the parties, or can be acknowledged based on Gap evidence 1, Gap evidence 6, Gap evidence 8-1 through 3, Gap evidence 9, Gap evidence 10, Gap evidence 12, Gap evidence 14 (the same as Eul evidence 8), Gap evidence 15 (the same as Eul evidence 9), Eul evidence 1-1, and Eul evidence 1-2, and the whole purport of the pleadings as a whole.

(1) On February 7, 2014, D, the Plaintiff’s branch, was working as the top-class salesperson of Non-Party Ssch Rexroth Korea Co., Ltd. (hereinafter “Non-Party Co., Ltd.”). Defendant B subscribed as the lower-level salesperson of Non-Party Co., Ltd. (hereinafter “Non-Party Co., Ltd”).

on March 31, 2014, the Plaintiff and Defendant B prepared a cash loan certificate stating that KRW 60,00,000,000 from the Plaintiff shall be due and payable on March 31, 2015, and KRW 2% of interest shall be determined and borrowed (hereinafter “the loan agreement in this case”), and Defendant B shall hold the borrower’s signature and seal in the column (the name of the borrower is written in writing as “E”), and the Plaintiff shall also hold the borrower’s seal and seal on his own seal.

Defendant B issued a list of 33 subordinate salespersons to deal with the purchase of Non-Party Company’s goods at the time of the conclusion of the instant loan agreement.

The Plaintiff, on March 31, 2014, remitted KRW 50,000,00 to the Industrial Bank of Korea account of D, and D withdrawn KRW 70,000,000, including the above KRW 50,000,00 from the above account on April 2, 2014, and delivered KRW 65,336,700 among them to the non-party company, by Defendant B’s subordinate 3 members of the non-party company were to purchase the goods of the non-party company in total amounting to KRW 1,979,90 per 1,979,90, and KRW 65,336,700, the Plaintiff transferred KRW 10,000 to the above account of D for two hours thereafter.

(v)the class of Defendant B’s non-party company shall be March 2014.