대여금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. (1) On March 19, 2014, the Defendant acquired gas stations (hereinafter “instant gas stations”) from C on March 19, 2014, the E-gas stations located in Sungsung City D (hereinafter “instant gas stations”).
(2) On March 31, 2014, the Defendant leased the instant gas station site from F in KRW 120,000,000 as lease deposit.
3) On April 1, 2014, the Defendant registered as the business entity of the instant gas station. (b) The Plaintiff knowingly transferred KRW 8,00,00 to the Nonghyup Bank account in the name of G, KRW 15,00,000 on March 20, 2014, KRW 15,000,000 on March 27, 2014, KRW 40,000 on March 31, 2014, KRW 80,000 on April 4, 2014, KRW 8,000,000 on April 14, 2014, and KRW 8,000,000 on April 14, 2014, each of these items (including all of these items), with the knowledge of the Plaintiff’s remittance, were transferred to each of the parties to the instant gas station.
- The purport of the whole pleadings
2. The plaintiff's assertion and judgment
A. The gist of the assertion was that the Plaintiff acquired the instant gas station, and transferred the Defendant as the president of the instant gas station, G as the head of the sales division of the instant gas station, from March 20, 2014 to April 14, 2014, a sum of KRW 158,000,000 to the account under G’s name.
Accordingly, the Defendant, who had been operating the gas station of this case, did not disclose the details of the management of the gas station of this case to the Plaintiff, and did not pay its operating profit. Moreover, the Defendant did not transfer the lessee’s status under the lease contract for the gas station of this case and the registration name of the gas station of this case. Ultimately, the Plaintiff dismissed the Defendant on this ground.
Therefore, the Defendant is obligated to pay the Plaintiff the above loan 158,000,000 won and damages for delay.
B. The fact that the Plaintiff remitted the total of KRW 158,00,000,000 on March 20, 2014, KRW 158,00,000 on March 27, 2014, KRW 15,000,000 on March 31, 2014, KRW 31.40,000 on March 31, 2014, KRW 80,000 on April 4, 2014, KRW 8,000 on April 14, 2014, and KRW 8,000 on April 14, 2014, and KRW 158,00,000 on KRW.