beta
(영문) 서울중앙지방법원 2020.02.19 2018가단5100246

대여금

Text

1. The Defendant shall pay to the Plaintiff KRW 31,100,000 and the interest rate of KRW 12% per annum from June 6, 2018 to the day of complete payment.

Reasons

1. Facts of recognition;

A. From the defendant's office located in Gwanak-gu in Seoul Special Metropolitan City on November 2003, when the defendant's representative director is in office, C makes a false statement to the plaintiff that "B whose representative director is in office has the exclusive right to the E market reconstruction project, if the expenses for the reconstruction project are lent, B shall have the director of the management office after the reconstruction, and he shall complete all borrowed money until then," and the amount of damage No. 3 in the annexed crime list of the annexed crime list of the annexed crime list from the plaintiff is corrected to "10,000".

Nos. 1 through 26, 28 through 48, 57, 74, and 79 were delivered 50,000 won in total over 50 times from November 24, 2003 to September 18, 2009.

B. However, the defendant transferred the E market after obtaining permission from the Mayor of Seoul Special Metropolitan City on July 1978 and managed the E market. Around December 1980, the defendant is merely a sectional owner, and there is no special authority to execute the reconstruction of the E market or to exclusively implement the E market, and C did not have any particular property or income.

C. On August 12, 2016, the Plaintiff received reimbursement of KRW 20 million out of the said money.

【Reasons for Recognition】 The descriptions of Evidence Nos. 1 through 4 and 6, each testimony of witness G and the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition as to the cause of the claim, the defendant is obligated to pay to the plaintiff 30 million won (=50 million won - 20 million won) and damages for delay.

B. First of all, the defendant's assertion and judgment 1, because the defendant alleged that the above money is not the defendant but C individual, as seen earlier, C had the exclusive right to the rebuilding business at the defendant's office, and C received the above money from the plaintiff as the name of the business expenses. According to this, C without any specific property, as the defendant's representative director, received the above money from the plaintiff as the defendant's representative director, and the plaintiff also received C's money.