(영문) 서울남부지방법원 2014.04.25 2013가단215854

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(영문) 서울남부지방법원 2014.04.25 2013가단215854

대여금

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1. The plaintiff's primary and conjunctive claims against the defendant C, and the primary claims against the defendant B, respectively.

Reasons

1. Basic facts

A. On March 4, 2008, the non-party to this branch city development company (hereinafter “the non-party to this branch city development”) entered into a contract with the management entity specialized in improvement projects related to the housing reconstruction project, including performance of services related to the housing reconstruction project, and lending of project promotion expenses, etc., and lent the project promotion expenses to the promotion committee. The defendant C was the employee of the branch city development company, and the defendant B was the general manager of the promotion committee at the time.

B. When the development of a new town was insufficient to provide funds to the promotion committee, the said service contract was terminated, and the new service company and the promotion committee entered into a contract with the promotion committee to recover the funds that the development of a new town lent to the promotion committee.

During that period, Defendant C became the representative director of E Co., Ltd. (hereinafter referred to as “E”) who tried to receive improvement project services from the promotion committee through Defendant B.

C. If the Plaintiff and the Defendants conclude a service contract with the promotion committee and lend KRW 200 million to the promotion committee under the name of the bid bond, the Plaintiff and the Defendants decided to recover part of the amount loaned to the promotion committee.

At the time, the plaintiff agreed to lend some of the money to E and the promotion committee before entering into the service contract for E and the promotion committee in advance as a general meeting cost.

Accordingly, the Plaintiff remitted from the account of Defendant B to Defendant B’s account on March 31, 201, and KRW 36 million on April 29, 2011, and KRW 10 million on April 27, 2011. On July 27, 2011, the Plaintiff wired KRW 36 million to F account, and the F withdrawn KRW 36 million and delivered it to Defendant B on August 1, 201.

E. Defendant B received the above KRW 59 million from the date of transfer or F, which was paid three times.

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