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(영문) 서울동부지방법원 2021.01.27 2020가합107047

대여금

Text

The Plaintiff, Defendant B, 107,00,000 won, Defendant C, as well as each of the above amounts, from June 16, 2019 to January 2021, 2021.

Reasons

1. Facts of recognition;

A. The Plaintiff is the representative director of D who runs the construction business, real estate business, removal business, etc., and Defendant B was an employee of E Co., Ltd. (hereinafter “E”) as E from August 16, 2010, and Defendant C was a person who served as E’s representative director from April 2, 2012.

B. Defendant B’s loan 1) around July 2010: (a) was underway the Plaintiff’s business of developing the FJ at Gyeongnam-si and constructing a composite officetel (hereinafter “instant business”); (b) Defendant B is going to run the instant business due to financial difficulties, and (c) is going to pay money to the Plaintiff as the first implementation cost entered, and (d) the removal and civil works related to the said business are expected to be undertaken.

On August 19, 2010, the Plaintiff lent each of the loans of KRW 30 million to Defendant B, KRW 50 million on December 9, 2010, and KRW 10 million on October 9, 2012.

2) After Defendant C assumed office as the representative director, on June 25, 2013, the Plaintiff lent KRW 7 million to Defendant B, such as remitting KRW 5 million to Defendant B’s account on June 25, 2013. On January 22, 2014, the Plaintiff lent KRW 10 million to Defendant B and received a loan certificate from Defendant B.

(c)

The loan 1) E related to the sale services contract of this case was conducted by G Co., Ltd. operated by the Plaintiff on November 2012 by the Plaintiff and borrowed KRW 100 million on the pretext of the sale deposit.

Accordingly, the Plaintiff prepared a service contract with E under the name of G, and deposited KRW 100 million in the account under the name of E as the sale deposit on November 28, 2012, but received a refund of the above KRW 100 million on December 27, 2012.

2) On January 23, 2013, the Plaintiff lent the above KRW 100 million to the H account of the building office H operated by Defendant C at the request of Defendant C, and on the same day, Defendant C prepared a receipt that the above KRW 100 million was received as the sale deposit money.

(d)

The plaintiff sent the highest performance certificate.