차용금 청구의 소
1. The defendant,
A. The Plaintiff Company A’s KRW 10,000,000 and this shall be from September 25, 2020 to January 28, 2021.
1. The Defendant joined the Plaintiff Company on March 2014 and was the vice president until September 2019.
Plaintiff
The Company remitted a total of KRW 100 million to the Defendant as stated in the attached list Nos. 1 through 4, and the Section No. 3 entered into a contract with the Defendant to purchase E Apartment F, which is located in the territory of the Republic of Korea from Nonparty D, and on May 10, 2017, the Plaintiff Company paid to D an intermediate payment of KRW 5 million to D, and thus the Plaintiff Company remitted the money to D’s account directly.
Plaintiff
B transferred 2.5 million won to the defendant by transferring 2.8 million won to the defendant's account as shown in the attached list No. 58, 6.
[Grounds for Recognition] Unsatisfy, Gap evidence Nos. 1 through 6, Eul evidence Nos. 1 and 2 (including branch numbers), the purport of the whole pleadings
2. The parties' assertion
A. Since the plaintiffs alleged that they leased money to the defendant as shown in the attached list, the defendant should pay to the plaintiff company a total of KRW 100 million, KRW 258 million, and delayed damages for each of them.
B. The Defendant’s assertion that the money received from the Plaintiff B was all borrowed.
However, among the money remitted by the Plaintiff Company, the Defendant borrowed KRW 1 million in the attached list No. 1, but the remainder is paid to the Defendant by the Plaintiff Company as piece rates, etc.
3. According to the above facts of recognition as to the plaintiff B's claim, it is recognized that the plaintiff B lent 2.5 million won to the defendant.
Therefore, the defendant is obligated to pay damages for delay calculated by the rate of 12% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from September 25, 2020 to the date of full payment, after serving the copy of the complaint of this case on the plaintiff B and the copy of the complaint of this case.
4. Determination on the claim of the Plaintiff Company
A. Even if there is no dispute between the parties to the relevant legal doctrine as to the fact that the Plaintiff received money, the Defendant asserts that the cause of the receipt of money is a consumption lending.