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(영문) 대전지방법원 2015.10.21 2014나106609

대여금

Text

1. The plaintiff's appeal and the plaintiff's claim added and expanded in the trial are all dismissed.

2. After an appeal is filed.

Reasons

1. The parties' assertion

A. On September 201, the Plaintiff asserted that: (a) the Plaintiff lent money to the Defendant by means of paying the Defendant’s material expenses, labor expenses, etc. while working as the vice president and a person in charge of accounting; and (b) pursuant to the above agreement, the Plaintiff loaned money to the Defendant by way of paying the Defendant’s material expenses, labor expenses, etc.; (c) KRW 87,814,880 (= KRW 21,670,000, KRW 6,500, KRW 120,000 as follows (= KRW 2,730, KRW 36,564,880, KRW 14,000, KRW 564,80,000; and (d) KRW 5,200,000, KRW 69,380,000 among them received reimbursement from the Defendant.

Therefore, the Defendant is obligated to pay the Plaintiff the unpaid loan amount of KRW 18,434,880 (=87,814,880 won - 69,380,000) and damages for delay.

(1) From February 28, 2012 to August 20, 2012, a sum of KRW 21,670,000 was lent over 20 times as shown in the attached Table 1 by depositing the Plaintiff’s account from the Plaintiff’s account into the Defendant’s Nonghyup Bank, community credit cooperatives, etc.

(2) From July 19, 2012 to August 29, 2012, a sum of KRW 6,500,000 was lent nine times as shown in the attached Table 2 by depositing the Defendant’s Nonghyup Bank into the Defendant’s account in cash or check.

(3) On February 14, 2012, the Defendant’s account of community credit cooperatives deposited KRW 280,000,000 on the same day, and KRW 640,000 on February 22, 2012, and KRW 1,120,00 in cash.

(4) On September 26, 2012, the Defendant’s post office account deposited KRW 400,000 on the same day, KRW 160,000 on September 27, 2012, and KRW 2,730,000 on December 14, 2012.

(5) From February 21, 2012 to September 21, 2012, as indicated in the attached Table 3, a loan was granted from the Plaintiff’s account by means of paying on behalf of the Defendant totaling KRW 36,564,880, such as labor cost and material cost.

(6) From February 18, 2012 to August 29, 2012, the Plaintiff lent a total of KRW 14,030,000 to the Defendant by paying the Defendant’s personnel expenses, material expenses, etc. in cash, as shown in the attached Table 4.