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(영문) 서울남부지방법원 2017.09.28 2016가합3738

대여금반환등

Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

기초 사실 당사자들의 지위 원고는 통신장비 제조 및 도, 소매업, 네트웍장비 유지보수업 등을 주된 목적으로 하는 주식회사 C(이하 ‘이 사건 회사’라 한다)의 대표이사이고, 피고는 주식회사 D(이하 ‘D’라 한다)를 운영하다

A person who became an employee of the instant company from September 5, 201 to April 26, 2013.

On March 9, 201 10,00,000 on March 9, 201, 201 50,000 on March 9, 201; 30,00 on April 11, 201; 40,00,00 on April 20, 205; 15,00,00 on May 12, 201; 10,00; 40. 6. 10,00,00 on April 16, 201; 10, 10,000,00 on April 16, 20, 201; 10. 5. 10,00,00 on May 23, 201; 10, 2005;

(hereinafter “instant remittance” and “the grounds for recognition” are specified according to the sequences 1 and 2). [The Plaintiff, surrounding the Plaintiff’s assertion of the respective descriptions of the evidence Nos. 1 and 2 and the purport of the entire pleadings, is obligated to return to the Plaintiff, as the Plaintiff lent KRW 414,904,50 in total to the Defendant, as in the instant remittance.

Preliminaryly, the plaintiff was subjected to the defendant's deception, and the defendant was obligated to pay 414,904,500 won to the plaintiff according to restitution following the cancellation of declaration of intention by fraud or compensation for damages caused by illegal act.

The defendant is obligated to return the money received from the plaintiff to the plaintiff for the purpose of preserving the price of consulting, etc. or business expenses as stated below.