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Reasons
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(영문) 수원지방법원 2019.04.25 2016가합82092
대여금
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1. As to the Plaintiff KRW 109,03,589 and its KRW 90,950,00 among them, the Defendant shall from January 11, 2017 to April 25, 2019.

Reasons

1. Basic facts

A. The non-party C, who is the plaintiff's omission, purchased the site of the project in the e-mail in order to expand the business around the end of 2008 while operating D, which is a specialized vehicle inspection company with the defendant who is the wife, and established E.

B. The Plaintiff entered into an employment contract with C at the request of C and the Defendant, and performed the overall operation and accounting of E while managing the company bank account in the name of C and the Defendant from January 1, 2009 to June 2016.

C. The Plaintiff’s KRW 45 million on June 4, 2007

8. 14.5 million won, March 20, 2008 10 million won,

7.17.18 million won;

8.7.5 million won;

8.12.6 million won;

8. On October 20, 200, a total of KRW 93 million including KRW 4 million (hereinafter “instant loan”) lent to the Defendant as interest-free.

[Reasons for Recognition] Unsatisfy, Gap evidence 2 and 3 (including a branch number if there is a tentative number; hereinafter the same shall apply), Eul evidence 12, Eul's witness C's testimony, the purport of the whole pleadings

2. The parties' assertion and judgment

A. According to the above facts, the Defendant is obligated to pay the Plaintiff the loan amounting to KRW 93 million and delay damages. 2) The Defendant’s argument that the Defendant paid KRW 150 million to the Plaintiff on September 7, 2007 and paid the loan amount to KRW 150 million, or paid the loan amount to KRW 50 million on or before September 7, 2007. 2) The Defendant asserts that the Plaintiff paid the loan amount to the Plaintiff on September 7, 2007. 2) The Defendant’s argument that the Plaintiff paid the loan amount to KRW 9,000,000,000,000,000,000 won, and the Plaintiff’s check amount to KRW 150,000,000,000,000,000,000 won, taking full account of the following facts: (a) the statement in the evidence No. 3; and (b) the purport of this court’s reply to the F Association’s reply on June 14, 2014, 2018.

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