대여금반환
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
The plaintiff paid a total of KRW 65,760,540 from November 28, 2005 to December 31, 2009 to the defendant who had worked as the plaintiff's member, and the defendant paid a total of KRW 55,510,540 among them, there is no dispute between the parties.
The plaintiff asserts that 10,250,000 won, which is the difference between the amount of payment and the amount of payment, was loaned, and the rules of employment asserted by the defendant were forged.
The defendant asserts that the above KRW 10,250,000 is the money provided free of charge to the defendant who is a member pursuant to the plaintiff's rules of employment.
On March 23, 2003, the Plaintiff held a general meeting of members and revised the rules of employment of the Plaintiff.
Attached Table 4-4 of the Addenda to the amended Rules of Employment of the Plaintiff (No. 26 of the evidence No. 2, hereinafter “instant supplementary provision”) provides that “The Plaintiff shall provide the members with assistance from a welfare vehicle up to 5/100 of acquisition value where the funds required for acquiring a house are subsidized.”
We examine whether the supplementary provision of this case has been forged.
In the loan case between the Plaintiff and the Plaintiff’s member B, the Seoul Southern District Court 2016Na52376, assessed the identity of the two-six pages of the employment rules and the corporate seal impression, etc. as the same issue as the instant supplementary provision.
According to the appraiser C’s appraisal result of the above case (A evidence 11), when comparing the seal imprint affixed to the page with the seal imprint report submitted by the Plaintiff with the seal imprint report submitted by the Plaintiff, the seal imprint affixed to the other page of the minutes of the general meeting of members, and the seal affixed to the other page of the minutes of the general meeting of members, the size of each of the above seals is different.
However, if the seal is stamped across the period between the paper and the paper of the rules of employment, it can be ruled out that there is a possibility that the seal will be affixed on the seal, unlike the time when the seal is stamped.