대여금
1. The Defendant: (a) KRW 40,000,000 for the Plaintiff and 20% per annum from February 27, 2015 to September 30, 2015; and (b) the Plaintiff.
1. Facts of recognition;
A. The Plaintiff is a person who served as a tourist guide in C Co., Ltd. (hereinafter “C”), and the Defendant was a person who was in charge of managing C’s funds from February 1, 2013 to March 10, 2014 to a position of “director” in C and who was in charge of exercising overall control over C’s practice.
B. While having served in C, the Plaintiff transferred KRW 10,000,000 to the Defendant’s account in the name of the Defendant, and KRW 40,000,000 on May 10, 2013, respectively.
C. Of KRW 10,00,000 remitted as of May 6, 2013 and KRW 10,000,000, which was remitted as of May 10, 2013, the account was transferred from the Defendant’s name to the account in the name of C on the deposit day, and KRW 10,000,000 out of the remainder was returned from the Defendant’s name to the Plaintiff’s account on May 14, 2013.
The defendant has been making transactions such as lending funds individually to C due to the difficulties in operation of C, or depositing funds to the company by borrowing funds directly from the person directly by the defendant.
[Reasons for Recognition] Facts without dispute, Gap evidence 1-1, 2, Eul evidence 1-2, Eul evidence 2-1, Eul evidence 3-1, Eul evidence 3-2, Eul evidence 5-1 and Eul evidence 5-2, the purport of the whole pleadings
2. Determination
A. The following circumstances revealed by the above facts, namely, ① the Defendant received a total of KRW 50,00,000 from the Plaintiff on May 6, 2013 and May 10, 2013, and returned KRW 10,000 from the Defendant’s account under the name of the Plaintiff to the Plaintiff’s account in the name of the Plaintiff. ② The Defendant remitted funds to C several times due to the difficulty in the operation of C while in charge of the financial management of C. The Defendant transferred funds to C. In order to raise the operating funds, as the Defendant borrowed funds from the other hand, the Defendant requested the Plaintiff, who worked together in C to raise the operating funds of C, to lend the above remittance funds for the purpose of raising the operating funds of C. ② In fact, the Defendant was the Plaintiff.