(영문) 창원지방법원 2015.12.01 2015나1431 | 리걸엔진

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(영문) 창원지방법원 2015.12.01 2015나1431

대여금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. The Defendant served from June 2012 to March 6, 2014 at “C” corporation operated by the Plaintiff (hereinafter “C”).

B. On November 22, 2013, the Plaintiff transferred KRW 45,000,000 from the bank account under one’s name to the account in the name of Defendant D’s wife.

C. On July 8, 2014, the Plaintiff urged the Defendant to pay the said money by the end of the same month.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 7, the purport of the whole pleadings

2. The plaintiff asserts that since the plaintiff transferred 45,00,000 won to the defendant as above, the defendant is responsible for paying to the plaintiff. The defendant asserts that around 2012, the defendant paid KRW 50,000,000 to the defendant as the performance rate for the purpose of paying for the payment by subrogation, since the plaintiff paid KRW 45,00,000 to the defendant as above, as the performance rate for the purpose of paying for the payment by subrogation.

3. We examine the above facts of recognition, i.e., the following circumstances acknowledged by comprehensively taking into account the descriptions of Gap evidence 8 and 10, the testimony and the entire purport of arguments by witnesses E of the trial party, i.e., ① the defendant who received a small amount of monthly wage of KRW 50,00,000 from the Small and Medium Business Corporation as his daily living expenses, etc. due to the lack of financial circumstances for C, and does not appear to have invested or used it as its operating expenses. ② The defendant who was a small amount of monthly wage of KRW 50,000,000 from the Small and Medium Business Corporation, together with the plaintiff and the defendant, must complete the defendant's loans to the Small and Medium Business Corporation that the plaintiff

(3) On the other hand, C’s defendant in relation to the transaction between C and the defendant is not clear as to whether he/she has agreed to pay the amount of the loan by subrogation or to pay the amount corresponding thereto as piece rate.

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