beta
(영문) 대전지방법원 2017.11.29 2015가합2458

대여금 등

Text

1. The defendant shall pay 300,000,000 won to the plaintiff and 15% per annum from November 30, 2017 to the day of full payment.

Reasons

1. Basic facts

A. The defendant is a stock company running real estate sales agency business, etc., and the plaintiff is the defendant's shareholder.

B. C is a public official working in the Daejeon District Tax Office with the Plaintiff’s punishment, and D is the Defendant’s manager.

C. On September 5, 2012, the Plaintiff remitted KRW 250,000,000 to the Defendant, respectively, and KRW 50,000,000 on September 6, 2012.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 6, and 7, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff asserted that the Plaintiff lent KRW 300,000,000 to the Defendant, which was not paid until now, and the Defendant is obligated to pay the Plaintiff a loan of KRW 300,000,000 and damages for delay.

B. The defendant's assertion that he did not borrow money from the plaintiff.

D had regularly given a bribe to C who is a tax official, but C had to prepare for the issue at last time, and received 300,000,000 won from the Defendant in the name of the Plaintiff in order to disguise the loan relationship or the appearance of investment relationship, while it was necessary for C to prepare for the issue at last time.

3. Determination

A. In light of the following circumstances, it is reasonable to view that the Plaintiff lent KRW 250,00,000 to the Defendant on September 5, 2012, and KRW 50,00,00 as of September 6, 2012 without setting the respective maturity period for reimbursement, in view of the following circumstances revealed by adding the entire purport of the pleadings to the respective statements in the evidence Nos. 1, 3, 4, 17, and 20, and No. 21335, Sept. 6, 2012.

① On September 5, 2012, the Plaintiff respectively remitted KRW 250,000,000 to the Defendant and KRW 50,000,000 on September 6, 2012.

② The above KRW 300,000,000, which the Plaintiff remitted to the Defendant, was arranged as a short-term loan in the Defendant’s balance sheet.

③ The witness E, who was in charge of accounting as the Defendant’s general director in a criminal case against the Plaintiff ( Daejeon District Court 2016Gohap169, 306, and 421 (combined)), is deposited in KRW 300,000 from the Plaintiff and confirmed to D, and is the money borrowed from the Plaintiff.