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(영문) 광주지방법원 2017.01.17 2015가단47896
대여금
Text

1. The Defendant: (a) KRW 37,161,950 for the Plaintiff and KRW 5% per annum from November 13, 2015 to January 17, 2017.

Reasons

1. Following the facts of recognition are as follows: Gap evidence Nos. 1, 2, and 20-1, 11, 12, 13, 19, 26; Eul evidence Nos. 1, 9, and 10; Eul evidence Nos. 1, 9, and 10; and this Court's order to submit financial transaction information to Gwangju Central Credit Union all the arguments. A.

On December 14, 2011, the Plaintiff was appointed as the representative director of the Defendant.

B. The Plaintiff remitted from his own account to the account under the name of the Defendant to the account under the name of the Defendant.

(1) On March 22, 2012, KRW 30,000 (Defendant’s New Cooperatives Account C) (2) 5,000,000 (Defendant’s New Cooperatives Account C) on March 23, 2012 (Defendant’s New Cooperatives Account C) (3) on May 17, 2012, KRW 1,700,000 (Defendant’s Agricultural Cooperatives Account D) on July 27, 2012 (Defendant’s Agricultural Cooperatives Account D) KRW 1,70,000 (5) on July 27, 2012, KRW 30,60,000 (Defendant’s Agricultural Cooperative Account D) on July 27, 2012, KRW 200 (6) 4,80,000,00 (Defendant’s Agricultural Cooperative Account) on September 27, 2012; KRW 300,300,000 (Defendant’s Agricultural Cooperative Account) on March 38, 2013014.

C. The Plaintiff transferred from his husband’s account in the name of F to the account in the name of the Defendant as follows.

(1) On January 4, 2012, KRW 230,000 (Defendant’s Nonghyup Account D) (2) on August 31, 2012 (Defendant’s Nonghyup Account E) totaling KRW 2,230,000 (Defendant’s Nonghyup Account E) (3) on August 31, 2012

D. On June 25, 2012, the Plaintiff transferred KRW 2,000,00 to the account in the name of G in which the Defendant was an employee of the Defendant, and paid KRW 2,00,000 instead of the monthly salary of G.

E. On March 3, 2014, the Plaintiff transferred KRW 1,650,950 from his own account to the account in the name of Mano Communications Co., Ltd., and paid the local election public opinion poll costs on behalf of the Defendant.

2. Determination

A. As to the Plaintiff’s assertion that the sum of the above amount was KRW 49,080,950 (i.e., KRW 2,230,000, KRW 230,000, KRW 1,650,950) to the Defendant, the Defendant wishes to return the said amount as the Defendant’s representative director.

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