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(영문) 서울동부지방법원 2019.07.24 2018나4354

대여금반환

Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Facts of recognition;

A. The Plaintiff is a party-related one) The Plaintiff is a C Association (23,000 members, hereinafter “Transportation Association”) while operating the insurance agency of J Co., Ltd.

(2) The Defendant, as a member of the Transport Association, was elected respectively as a representative of the Transport Association (the term of office of four years) around February 2008 and around February 2012.

B. The Plaintiff’s insurance business 1) around 2003 or around 2004, the Plaintiff actively carried on the insurance business against the members of the Transport Association by moving in a building located in the Transport Association. (2) However, around January 18, 2004, the Plaintiff was not properly engaged in the insurance business for the members of the Transport Association around 2006, since he was appointed as the president of the Transport Association, who is the representative of the Transport Association by K, and was not suitable to leave the said building.

C. Around 206, an executive officer of the Transport Association, such as the Chairperson K and the Vice-Chairperson L, etc., was investigated under the suspicion that he/she acquired oil subsidies from the investigative agency. On January 18, 2007, Seoul Central District Court Decision 2006Ma5264, which was sentenced to a fine for fraud, etc., and became final and conclusive around that time. (2) The Defendant filed an application for suspension of the performance of duties against K and L on May 22, 2006 and the provisional appointment of an acting executive officer, but withdrawn the above application on June 29, 2006 to negotiate only smoothly with the shipping Association executive officer.

1) From the Plaintiff’s financial account under the Plaintiff’s name to the financial account under the Defendant’s name, KRW 25,00,000 was transferred from August 23, 2012 to the financial account under the Defendant’s name; KRW 6,00,000 on August 31, 2012; KRW 3,000,000 on December 20, 2012; and KRW 25,000,000 on June 25, 2013; KRW 2) from the Plaintiff’s financial account under the Plaintiff’s name of G to the financial account under the Defendant’s name; KRW 6,00,000 on July 25, 2013; KRW 10,000 on November 10, 2013; and KRW 160,000 on each of the financial accounts under the Plaintiff’s name of G.

(e) between the defendant and the Transport Association;