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Reasons
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(영문) 창원지방법원 2018.10.12 2018나52645
대여금
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1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Facts of recognition;

A. A. Around September 2016, the relationship between the Plaintiff and the Defendant was the head of the branch office in the KRB life insurance C, and the Defendant served as an insurance solicitor for directors at the above branch.

The defendant's revenue from insurance solicitation in 2015 is KRW 149,278,192, and insurance solicitation revenue in 2016 is KRW 150,352,932, and the defendant is certified as an excellent life insurance designer for two consecutive years from June 1, 2016, and received various contributions.

B. On September 21, 2016, the Plaintiff sent a text message to the Defendant’s office at around 9:47 a.m., and then sent KRW 50 million to the Defendant’s account at around 12:00 p.m. on the same day to the Defendant’s own Nonghyup Bank account at around 12:00 p.m. (hereinafter “the instant transfer money”). On the next o.m., the Plaintiff believed that he was not a director at the 12:05 p.m., “I am at the f.m.’s seat and face. I am that he was not a director. I am at the f.m.’s seat. I am that he important in honor during the money, love, and honor. I am a face of our company. If you have received monetary support related to an agent, I am back the text message, and the liquor tax needed by B.C. Director need to live.”

On September 22, 2016, the Defendant sent a text message stating that “The head of a branch office did not receive any money. I want to think of in depth.” On the same day, the Plaintiff sent a text message to the Defendant on September 22, 2016, stating that “I will believe that the head of the branch office was a director, and that I would like to receive it. I will believe that I will believe.”

On September 23, 2016, the plaintiff sent a text message to the defendant requesting the defendant to remain in the KRB life insurance C branch, and the defendant "the typhoon has gone through" on September 26 of the same month.

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