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(영문) 수원지방법원 성남지원 2018.05.11 2017가단200169

대여금

Text

1. Defendant A shall pay to the Plaintiff KRW 70,00,000 and the interest rate of KRW 15% per annum from January 19, 2017 to the date of full payment.

Reasons

Basic Facts

- On August 16, 2013, the Plaintiff entered into an entrustment contract with Defendant B and C with a business office that entrusts the entire business of door-to-door distribution, such as collection, storage, delivery, etc. of the Plaintiff’s D business office, for two years from September 1, 2013 to August 31, 2015.

- On December 26, 2014, the Plaintiff concluded an entrustment contract with the Defendant A, who had been an employee of the said D’s business office operated by Defendant B and C, for two years from January 1, 2015 to December 31, 2016.

- On December 31, 2014, the Plaintiff: (a) lent KRW 70,000,000 to Defendant A for vehicle purchase expenses and operating expenses necessary for the operation of the D business office (hereinafter “instant business office”); and (b) agreed that Defendant A will receive installment reimbursement of the principal and interest of the said loan.

- Accordingly, on December 31, 2014, the Plaintiff wired KRW 70,000,000 to Defendant A, and Defendant A wired KRW 20,000,000 on the same day and KRW 2,400,000 on January 2, 2015 to Defendant B and C or delivered in cash.

- On December 29, 2016, the Suwon District Court found Defendant A guilty of the crime of fraud that he/she acquired KRW 70,000,000 from the Plaintiff by deceiving the Plaintiff to use the said KRW 70,000 for the repayment of the loan to another debtor, or for the cost of living, etc.; on April 6, 2017, the Suwon District Court dismissed Defendant A’s appeal on March 29, 2017, which became final and conclusive on April 6, 2017.

[Reasons for Recognition] The facts without dispute, Gap evidence Nos. 1 through 5, Gap evidence Nos. 7, the facts with this court, the defendant A's results of the questioning, the purport of the entire pleadings, and the defendant A's claim against the defendant A as seen earlier.