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(영문) 서울남부지방법원 2017.10.26 2016가단259268

대여금

Text

1. The Defendant shall pay KRW 20 million to the Plaintiff at the rate of 15% per annum from December 15, 2016 to the day of complete payment.

Reasons

1. The following facts of recognition do not conflict between the parties, or may be found in the entries in Gap evidence No. 1-1-6, Gap evidence No. 2, 3, and 4 together with the purport of the whole pleadings:

The plaintiff and the defendant representative C are the establishment of a department related to the computer system of universities.

The plaintiff worked in the computer office of the Korea Highway, and C has been performing D electronic government projects, consulting projects, E electronic government projects, and land management system construction projects since March 2007, while operating the defendant company that conducts supervision and consultation related to the information system, and consulting and building projects in foreign electronic government systems.

B. From April 21, 2010 to the same year, the Plaintiff

7. From the 16th day to the 16th day, a total of KRW 200 million was remitted to the Defendant’s national bank account (hereinafter “instant money”).

The part of the instant money was transferred to another national bank account of the Defendant Company, and was used as the name of the employees of the Defendant Company, public charges, etc.

2. The plaintiff and the defendant's assertion

A. The plaintiff transferred the instant money under the name of the defendant as the cause of the claim in this case. The defendant is obligated to pay the instant money to the plaintiff, and even if it is an investment, he/she agreed to return the investment principal along with the interest around 2012.

B. As to this, the Defendant asserted that the instant money is an investment bond and even if the Defendant agreed to return the instant money, it cannot comply with the Plaintiff’s claim on the ground that there was an agreement to waive the claim.

3. Determination

A. In full view of the overall purport of the arguments in the evidence evidence Nos. 2 through 5 as seen earlier, the Defendant received the instant money from the Plaintiff and used it for employees’ well-known benefits, etc. while promoting the loan business status of the Export-Import Bank of Korea and the Indonesia Government around 2010.