채무부존재확인
1. The Plaintiff (Counterclaim Defendant) shall pay to the Defendant (Counterclaim Plaintiff) KRW 97,00,000 as well as the full payment from June 17, 2015.
1. The principal lawsuit and counterclaim shall also be deemed to exist;
A. The defendant is a business owner who runs a secondhand trading business under the trade name of "C", and the plaintiff is a person who belongs to the defendant's employee.
B. The Plaintiff, while working as an employee of the Defendant, purchased a vehicle from the Plaintiff’s funds or from the Defendant with a partial loan from the Defendant, and completed the registration of transfer of ownership in the name of the Defendant, and sold it, and acquired the remainder of the sales proceeds after deducting the purchase fund, commission, and various expenses from the sales proceeds. In the event that the Plaintiff borrowed a vehicle from the Defendant, if the Plaintiff failed to pay the borrowed money within the due date, the Plaintiff sold the vehicle directly purchased by the Plaintiff and appropriated the proceeds from the sale to repay the borrowed money
The amount of repayment on the borrowing date shall be KRW 19 million on January 24, 2014 and KRW 17 million on July 30, 2014: < Amended by Presidential Decree No. 25479, Jun. 17, 2014; Presidential Decree No. 25079, Jun. 18, 2014; Presidential Decree No. 25079, Jul. 30, 2014; Presidential Decree No. 25747, Jul. 4, 2014; Presidential Decree No. 25747, Jul. 8, 2014; Presidential Decree No. 25570, Jun. 30, 2014; Presidential Decree No. 25474, Jul. 1, 2014; Presidential Decree No. 25507
C. From January 24, 2014 to July 8, 2014, the Defendant lent a total of KRW 97 million to the Plaintiff as indicated in the following table in the name of the fund for the middle class purchase.
[Ground of recognition] Facts without dispute, entry of Eul's evidence Nos. 4 through 9, witness D's testimony, the purport of the whole pleadings
2. The parties' assertion
A. The Plaintiff asserted that: (a) from January 24, 2014 to July 8, 2014, the Plaintiff borrowed KRW 97 million from the Defendant with the purchase fund for the middle and high vehicle from the Defendant.
Meanwhile, while working as the Defendant’s employee, the Plaintiff purchased 23 vehicles listed in the attached list with the Plaintiff’s funds, and had the authority to sell them. However, the Defendant suffered losses from sales revenue equivalent to 67,100,000 won on the wind that the Defendant unlawfully deprived of the Plaintiff’s sales authority and did not obtain sales revenue directly, and thus, the Defendant sustained 67,100,000 won.