대여금
All claims filed by the Plaintiff (Counterclaim Defendant) and the counterclaim claims by the Defendant (Counterclaim Plaintiff) are dismissed.
(b) Costs of lawsuit;
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. From July 2016, C, with the trade name of “D”, from E Association D D C stores (hereinafter “E Association”), the office-based store of livestock products (hereinafter “house-based store”) and the Fsung store, a consignment store (hereinafter “sex store”) and the consignment store (hereinafter “E Association”) were operated to deliver livestock products, and the outstanding amount was increased and the service contract with E Association was terminated on May 2017. The outstanding amount was KRW 55,738,049 as of May 24, 2017, and the outstanding amount of sexual book stores was KRW 105,823,06.
B. On May 19, 2017, the Defendant received KRW 20 million from the Plaintiff and KRW 30,000,000 from G on May 23, 2017, respectively, and remitted the said money to E Union on May 22, 2017 and May 24, 2017, respectively.
In addition, the E Union organized C’s total amount of KRW 50,000,000 as C’s total amount of KRW 55,738,049.
C. On July 2017, the Defendant registered the business with the trade name “H” and entered into an entrusted operation agreement with the E Association as to the E Association’s rooftop store and sexual bookstore, and operated the rooftop store from July 2017 to April 2018, and the sexual book store from July 2017 to July 2018, respectively.
Defendant’s credit outstanding to E Association on June 26, 2018, KRW 18,39,387, as the credit outstanding to E Association;
6. The sum of 38,399,387 won shall be deposited and the settlement thereof shall be completed.
E. Meanwhile, on the other hand, the Plaintiff deposited KRW 10,00,000 on March 22, 2018, and KRW 23,307,280 on October 26, 2018 to E Union’s account as the amount receivable. The Plaintiff deposited KRW 1,00,000 on July 20, 2018 by the head of the E Association’s branch office.
[Reasons for Recognition] Facts without a partial dispute, Gap evidence Nos. 2 through 6, 19, Eul evidence Nos. 1 through 4, 17, and 18, and the purport of the whole pleadings
2. Determination as to the claim on the principal lawsuit
A. The summary of the parties’ assertion 1 Plaintiff is that the Defendant, who was a employee of the E Union, has lent money to the Plaintiff, while the E Union was seeking compensation for the outstanding amount of KRW 50,000,000,000, such as a rooftop store and a sexual book store operation right.