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(영문) 서울고등법원 2015.02.10 2013나39782

대여금반환

Text

1. Of the part concerning the counterclaim of the Defendant (Counterclaim Plaintiff) Company B, the lower court ordered payment.

Reasons

1. Case summary and the presumed factual basis

A. The Plaintiff, who served as the representative director in the case of the Defendants company, has lent the amount of the subcontract price, employee’s salary, business promotion expenses, and equipment purchase expenses to be paid by the Defendants due to the shortage of corporate operation funds during the management of the Defendants company, to the Plaintiff first, and did not receive the Plaintiff’s benefits from the Defendant Company B. The Plaintiff, as the principal office, received the remainder of the loan and salary KRW 91,753,530 in total from the Defendant B (i.e., KRW 27,587,530 in the F office fee of KRW 27,587,530 in the amount of occupational credit card payment (i.e., KRW 3,00 in the amount of KRW 151,220,00 in the amount of KRW 50,800 in the amount of the job site expenses of KRW 63,90,000 in the Incheon S site expenses of KRW 36,830,000 in the amount of other KRW 300,3050.

As to this, the Defendants asserted that the Plaintiff paid in advance the amount exceeding the necessary expenses to the Plaintiff, and that the Plaintiff incurred property damage to the Defendants through embezzlement, etc. in the name of a half-out or disbursement of provisional deposit, etc. while holding office as the representative director, and that there was no legal basis equivalent to the same amount, and that Defendant B obtained, as a counterclaim, a counterclaim against the Plaintiff, KRW 397,523,948 (= KRW 365,500,000 received from Defendant B under the pretext of repayment of provisional deposit - KRW 3338,50,500,000, which the Plaintiff actually deposited in Defendant B with the Defendant under the name of KRW 338,7951,595 in relation to the use of Defendant B’s card at KRW 7,50,00 G, which was paid in excess of the amount by G and subcontractor, and KRW 75,690,690.