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(영문) 서울서부지방법원 2015.06.12 2014가합6985

대여금반환

Text

1. On September 12, 2014, the Defendant (Counterclaim Defendant) filed against the Plaintiff (Counterclaim Defendant) for KRW 197,513,33 and KRW 185,800 among them.

Reasons

1. Basic facts

A. From 2004, the Plaintiff was registered as a director on July 5, 2007 while working for the Defendant Company, and retired on August 5, 2014.

The shares of the Defendant Company are owned by C, the representative director of the Company, or by C and D, their wife after the incorporation of the Company.

B. From December 24, 2012 to October 15, 2013, the Plaintiff remitted total of KRW 195,800,000 to the Defendant Company’s account as indicated in the following table.

The remittance amount evidence No. 1 24,600,000 won as of December 24, 2012, Gap 2-12, 26.2,200,000 won as of December 26, 2012, Gap 2-23, 17.124,60,000 won as of January 17, 2013 is the Plaintiff’s wife.

4. A 2-45,00,000 won for April 25, 2013; KRW 2-5,000,000 for 5,00,000 for 2-45 September 2, 2013; and KRW 2-46, Sept. 15, 2013; KRW 2-4,000 for 2-47, Oct. 15, 2013; KRW 2-5,00,000 for 195,80,000 for 195,00,000 for 195,00,000 for 2-5,00 for 2-6.

C. On September 23, 2012, C, the Plaintiff, and E, who were auditors of the Defendant Company, drafted a document stating that they should pay to the Defendant Company the liability amount of KRW 500,000,000,000 for retirement of the company, the Plaintiff, and E, who were auditors of the Defendant Company, should pay the Defendant Company the liability amount of KRW 100,000,000 for retirement of the company. (B)

[Reasons for Recognition] Unsatisfy, Gap 1 through 2-6, Eul 1's each entry, F's testimony, the purport of the whole pleadings

2. The following circumstances revealed by comprehensively taking account of the facts acknowledged prior to the judgment on the claim of the principal lawsuit and the entire purport of the pleadings, namely, ① the Plaintiff was a registered director of the Defendant Company, but there was no record holding the shares of the Defendant Company, and this did not completely change even after the transfer of money as above; ② the Plaintiff transferred KRW 124,60,000 to the Defendant Company and transferred KRW 124,60,000 to the Defendant Company for one month after the said Table 3).

5. By the 20th day of each month, KRW 1,300,000 corresponding to 17% of the above amount is deposited from the Defendant Company to the Plaintiff’s account. From June to June, the Plaintiff additionally remitted KRW 10,300,000 to the said KRW 1,30,000.