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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. Facts of recognition;
A. C, while serving as an employee of the “D gas station” operated by the Plaintiff from May 2008, used the pertinent gas station’s office from June 2010 and managed the entire duties of the gas station. Around the end of 2008, the Defendant became aware of C in the course of performing the gas station’s duties.
B. The Defendant accepted a proposal from C that “The purchase price of oil purchased from the oil refinery is at a discount if it is settled with merchandise coupons, and the Defendant would divide the purchase price of merchandise coupons into a discount on the face of a lending,” and then lent the purchase price of merchandise coupons to C five times from September 11, 2010 to October 29, 2010, and then lent the purchase price of merchandise coupons to C in the following manner:
C. On September 11, 2010, the Defendant lent KRW 19.5.6 million to C through its Agricultural Cooperative Account by means of remitting KRW 1,9.5 million to the gift certificates sales office of “E”, and received KRW 19.5 million from C on September 17, 2010, and again remitted KRW 19.566 million to E by the said method on September 17, 2010, and received KRW 20 million from C on October 14, 2010.
On October 4, 2010, the Defendant remitted KRW 19,540,00 to C and lent it. On October 6, 2010, the Defendant received KRW 1,50,000 from the deposit account in the Plaintiff’s name, which was managed by C to the Defendant’s agricultural account (hereinafter “instant remittance 1”), and C used with the consent of D’s employees G (former name: H) from the said G account in the name of the Defendant’s agricultural account, and received KRW 1,50,000,000 from the said G account to the Defendant’s agricultural account on October 11, 2010, and received KRW 1,50,000 from C in cash. On the same day, the Defendant received KRW 1,50,000 from C to the Defendant’s agricultural account on the same day.
E. The defendant
On October 29, 2010, in the same manner as described in the Plaintiff’s entry, remitted 19 million won to “E” and lent the said money to C, and on November 12, 2010, remitted KRW 18 million from the deposit account in the Plaintiff’s name.
(f) C on December 14, 2010.