대여금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The plaintiff's assertion
A. The Defendant worked as a sales director of C Co., Ltd. (hereinafter “C”) for the purpose of the gold-free machine distribution business, etc. on 2011, and the Plaintiff lent a total of KRW 295,000,000 to the Defendant between 2011 and 2012 as follows.
B. The Plaintiff deposited KRW 100,000,000 with the Defendant’s account on September 2, 2011, and the same year.
9. 16. Lending a total of KRW 250,000 to the Defendant by delivering KRW 150,000 to the check.
C. On January 5, 2012, the Plaintiff lent KRW 25,000,00 to the Defendant by depositing KRW 25,000,000 into the account of C directed by the Defendant.
On March 29, 2012, the Plaintiff lent KRW 20,000 to the Defendant’s account by depositing KRW 20,000,000.
Therefore, the Defendant is obligated to pay to the Plaintiff the total amount of KRW 295,000,000 (=250,000,000 won) and damages for delay therefrom (20,000,000 won).
2. Determination
(a)The following facts of recognition are not in dispute between the parties, or may be admitted by comprehensively considering the overall purport of the pleadings in each entry in Gap evidence of 1 to 4 and Eul evidence of 1 to 6 (including any other number in the case of supplemental evidence):
1) On September 2, 201, between September 14:50 and 15:20 of the same day, the Plaintiff’s account was deposited in the Plaintiff’s account; KRW 30,000,000 from the account in the name of E used by the representative director of D; and KRW 50,000,000 from the account in the name of D. On September 2, 2011, KRW 17:0,000 was remitted from the Plaintiff’s other account of the Defendant to the Defendant’s account. (2) On September 16, 2011, the Defendant received KRW 150,000,000 from the Plaintiff’s cashier’s checks from the Plaintiff on September 16, 2011; and (3) obtained confirmation certificates (Evidence 2) as follows from the Plaintiff.
However, the defendant written his personal information on the above certificate of confirmation, and affixed the seal of F, which was work together with C's management director.
① The amount of KRW 250,000,000 (250,000) is set forth above.