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(영문) 수원지방법원 2016.09.07 2015가단37210

대여금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff, from April 2012 to June 2013, worked as the managing director of the Defendant Company (formerly changed: C) and took overall charge of the financial accounting affairs.

B. The Plaintiff initially served as a management director in Co., Ltd., which was operated by Nonparty D, and around April 2012, the said company was in charge of the Defendant Company and Nonparty F’s financial affairs, etc. at the Defendant Company and Nonparty F, which appears to have been actually operated by Nonparty D.

C. From May 7, 2012 to February 28, 2013 while the Plaintiff was in office with the Defendant Company, the term “provisional deposit” in attached Form “A” was as of July 6, 2012, and the same year.

8. The Plaintiff’s bank account totaling KRW 132 million from the Plaintiff’s bank account to the Defendant company’s bank account over 13 times in total, excluding KRW 1,00,000,000, and the “collection of provisional deposits” as indicated in the above Table from October 25, 2012 to April 1, 2013, was transferred from the Defendant company’s bank account totaling KRW 97,50,000 to the Plaintiff’s bank account at least eight times in total.

[Ground of recognition] Facts without dispute, Gap 1, 4, 8, 9, Eul 2 and 4, the purport of the whole pleadings

2. The assertion and judgment

A. The gist of the Plaintiff’s assertion asserts that the Defendant Company is liable to pay the remainder of the loans to the Plaintiff in total amount of KRW 135 million, as indicated in the “A” column from May 7, 2012 to February 28, 2013 as the Plaintiff’s personal money due to the shortage of operating funds. As such, the Plaintiff deposited KRW 135 million in total to the Defendant Company 15 times in total, and leased KRW 97.5 million in total from the Defendant Company eight times, the Defendant Company was obligated to pay the remainder of the loans to the Plaintiff.

B. As seen earlier, the Plaintiff’s bank account was transferred in total of KRW 132 million from the Defendant Company’s bank account to the Defendant Company’s bank account in total of 13 million. As to whether such deposited money was leased to the Defendant Company or not.