대여금
1. The Defendant shall pay to the Plaintiff KRW 75,133,322 and the interest rate of KRW 12% per annum from November 10, 2020 to the date of full payment.
1. Facts falling under any of the following subparagraphs may be found either as a dispute between the parties or as a whole by the purport of the entire pleadings:
A. The Defendant Company is a corporation that runs construction business.
B. The Plaintiff, as an employee of the Defendant Company, was in charge of management and supervision at the construction site, and retired from the Defendant Company at the end of August 2020.
2. Judgment on the plaintiff's claim
A. Comprehensively taking account of the overall purport of the arguments in the statement in Gap evidence No. 1 and No. 2, the plaintiff was found to have lent money to the defendant company several times from Jan. 20, 2020 to Jul. 31, 2020, to 60,417,460 won from the defendant company. Thus, according to the above facts of recognition, the defendant company is obligated to pay 60,417,460 won to the plaintiff, unless there are special circumstances.
The Defendant Company included KRW 5,00,000,000 that the Plaintiff voluntarily paid to C around July 23, 2020 without the Defendant Company’s permission, among the loans requested by the Plaintiff.
Therefore, according to the evidence evidence No. 1, the plaintiff paid KRW 5,00,000 to C, which is the sewage supplier of the defendant company, around July 23, 2020, and it is recognized that the above money was appropriated as a loan to the defendant company, but there is no evidence to acknowledge that the plaintiff paid the above money to C at will for personal purposes. Thus, the above argument by the defendant company is rejected.
The defendant company asserted that the amount paid by the defendant company to a financial institution account in the name of D, the borrowed account, should be deducted from the plaintiff's loan claim amount. Thus, according to the evidence No. 1, the plaintiff claimed the remaining amount after deducting the amount paid from the defendant company to the financial institution account in the name of D. Thus, the defendant company's assertion is also true.