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(영문) 부산고등법원 2020.11.19 2019나53641

대여금

Text

Of the part against the plaintiff against defendant B in the judgment of the court of first instance, the following additional payments shall be ordered.

Reasons

Facts of recognition

A. Defendant B is a company that carries on automobile parts manufacturing and painting business. From November 2015, the Plaintiff has been working as a managing director in charge of accounting and accounting in Defendant B with Nonparty D, a former managing director from around November 2015. The Plaintiff and the said D have been granted by Defendant B’s representative director G with a discretionary power on the fund management, including the raising of company funds (loan) and repayment, and have been in charge of the company’s business affairs related to the company’s operating funds.

B. As a part of the foregoing funding-related business, the Plaintiff deposited KRW 630 million in total from the account in the name of H and I, which is one of its own or its wife, to January 17, 2017, as indicated in the following table, to the Defendant B’s account, and lent KRW 130 million out of that, without having determined the due date, and received reimbursement of KRW 130 million.

(hereinafter referred to as the following table, the remainder of KRW 500,000,000,000, excluding KRW 1300,000,000,000,000, is “the instant loan” and, in case where it refers to the individual loan claims, it shall be specified as “the instant loan”. On the first day, the amount was 17, 200,000,000 H’s account on November 18, 2016, and was transferred from KRW 25,00,000 to the first account on December 8, 2016, KRW 100,000,000,000,000 from KRW 25,000,000 on December 25, 2016; and was paid KRW 100,000,000,000 as KRW 5,005,005,00.

C. On November 16, 2017, the Plaintiff transferred KRW 100 million to the account in the name of Defendant C via the account in the name of H. On November 16, 2017, Defendant B paid KRW 100,000,000,000 to the Plaintiff on November 22, 2017.

[Ground of recognition] Unsatisfy, Gap 1 through 6 evidence (if there are additional numbers, including each number; hereinafter the same shall apply), Eul 7 evidence, witness D and E testimony of the first instance court, and the purport of the whole pleadings, as to claims against defendant B

A. The Plaintiff’s assertion 1 by the parties concerned is from November 16, 2016 to March 21, 2018.