대여금
1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.
The defendant.
1. The plaintiff's assertion
A. The Defendant borrowed a loan with the Plaintiff’s intent to repay the amount of KRW 10 million on March 14, 2014 by April 6, 2014, and subsequently borrowed a loan again with the Plaintiff’s intent to repay the amount of KRW 30 million on April 7, 2014 within 15 days.
Therefore, the defendant is obligated to pay to the plaintiff the total amount of KRW 40 million and damages for delay.
B. On March 1, 2014, the Plaintiff and the Defendant agreed to operate food materials marina with the trade name “C” and operated food materials marina from May 1, 2014.
From May 6, 2014 to May 22, 2014, the Defendant embezzled an amount equivalent to KRW 27,326,473 in total of food materials and industrial products stored in the said food materials Mart to D, operated by the Defendant, and embezzled KRW 300,000 in total for personal purposes by arbitrarily remitting KRW 50,50,000 on April 30, 2014, while keeping the Plaintiff’s name one bank cke card, the Defendant embezzled KRW 27,326,473 in total for personal purposes.
Therefore, the defendant is obligated to pay to the plaintiff the sum of 30,326,473 won and damages for delay due to the above embezzlement.
2. Determination
A. Comprehensively taking account of the respective descriptions of evidence Nos. 2, 5, and 6 as to the claim for a loan and the purport of the entire pleadings as to the testimony of the party witness E, the Plaintiff is obligated to pay the Plaintiff KRW 40,000,000 and the delay compensation amount to the Defendant by remitting the said money from the account under the name of the Plaintiff or the Plaintiff’s attached E during the period from March 14, 2014 to April 9, 2014, while lending the said money to the Defendant as business funds, and the payment period is determined one month after May 5, 2014. Thus, the Defendant is obligated to pay the Plaintiff KRW 40,00,000 and the delay compensation amount.
B. The Defendant’s testimony of Gap’s evidence Nos. 3, 4, 7, and 8 as to the claim for damages and testimony of the concerned witness E is to arbitrarily remove the total amount of KRW 27,326,473 of food materials and industrial products to D.