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(영문) 서울중앙지방법원 2020.11.20 2019나70638

구상금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

purport.

Reasons

1. Basic facts

A. The Plaintiff and the Defendant served together with the head of a division at the main point of the trade name C (from August 2017 to December 15, 2017) and D (from December 19, 2017 to March 2018).

B. On December 19, 2017, the Defendant drafted a loan agreement with the purport of borrowing KRW 60,000,000 from the Plaintiff’s joint and several sureties E to the business owners of D stores with a view to the repayment of the settlement amount to be borne by C points while serving at C points.

C. Meanwhile, as of July 19, 2018, E prepared a receipt with the purport that the said loan was fully paid on behalf of the Plaintiff, a joint guarantor, and that the said loan was fully paid on behalf of the Plaintiff.

[Ground of recognition] Facts without dispute, entry of Gap 1 and 2 evidence, purport of the whole pleadings

2. The assertion and judgment

A. On July 19, 2018, the Plaintiff: (a) settled the share of E and D main points; (b) claimed that, instead of deducting KRW 60,000,000 from the above loan amount of KRW 200,000,000 paid to E as the share of equity participation, the Defendant received an agreement on loans that the Defendant created and provided to E; (c) sought payment of KRW 60,000,000 to the Defendant as the exercise of the right to indemnity against the principal debtor of the joint and several sureties; and (d) the Defendant must settle the share of the share of the share of the share of the share of the share of the share of the share of the share of the share of the share of the share of the share of the share of the share of the Plaintiff; and (d) stated that there was no fact that the Defendant actually received KRW

Therefore, in addition to the purport of the entire argument in the statement of evidence No. 3, it can be recognized that KRW 200,000,000 on December 20, 2017 deposited from the Plaintiff’s account to E account, and KRW 60,000,000 on the same day deposited from the Plaintiff’s account to the Plaintiff’s account, and again, KRW 139,092,000 on the same day was withdrawn from the Plaintiff’s account and deposited from the Plaintiff’s account to the account used from C points. In addition to the above facts of recognition, the Defendant took advantage of the Plaintiff’s joint and several surety on December 19, 2017.