beta
(영문) 울산지방법원 2017.09.20 2016가단24245

대여금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

On April 2001, the defendant entered the plaintiff company and served as a business and delivery member.

On December 12, 2007, the Plaintiff renewed the contract for fidelity guarantee to Seoul Guarantee Insurance Co., Ltd. (hereinafter referred to as "Seoul Guarantee Insurance") with the Defendant as the surety; the insured amount is KRW 10 million; and the insurance period is from December 13, 2007 to December 12, 2008.

On July 5, 2008, the Defendant issued and delivered to the Plaintiff a certificate of borrowing the indemnity of KRW 32 million up to December 31, 2008 for the loss of goods (200 boxes of beer, 140 boxes of beer).

[A] The plaintiff asserts that the above amount of KRW 32 million is calculated by deducting KRW 46,379,288,00,000,000 from the defendant's total outstanding amount of KRW 78,379,29,298,000,000,000,000,000 from the defendant's total outstanding amount of 78,379,29,298,000,000,000,000,000,000,000,000,000,000,000,000,000,00,00

[Judgment of October 28, 2016] According to the Plaintiff’s above assertion, “32 million won” is the amount of embezzlement of the Defendant.

Around December 31, 2008, the Defendant retired from the Plaintiff Company and did not pay the Plaintiff KRW 32 million up to that time.

On June 22, 2009, the Plaintiff claimed insurance money of KRW 6 million out of the insurance amount of KRW 10 million on the ground of “the occurrence of an insured incident against the Defendant” under the Seoul Guarantee Insurance Act.

The grounds for the claim are “Embezzlement”.

On December 22, 2009, Seoul Guarantee Insurance paid the above KRW 6 million to the Plaintiff.

On the other hand, there is no data that the plaintiff paid the "retirement allowance" to the defendant at the time of the defendant's retirement and the details of withholding.

Accordingly, the plaintiff recognizes that the plaintiff did not pay retirement allowances to the defendant.

With respect to an order to submit a document on August 14, 2017.