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Reasons
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(영문) 부산지방법원 2015.01.23 2013가합19710
대여금
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1. The plaintiff's claim is dismissed.

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

Reasons

1. The plaintiff's assertion

A. The Plaintiff is an employee in charge of accounting of C (hereinafter “C”) from April 2006 to early 2013, and the Defendant is the representative director of C.

B. As between April 17, 2006 and August 6, 2012, the Plaintiff engaged in a large number of financial transactions with the Defendant, the Plaintiff included the amount loaned to the Defendant, and the details of the loan are as follows: therefore, the Defendant is obligated to pay the Plaintiff KRW 71,700,000, total amount of the loan, and delay damages.

On April 17, 2006, 10,000 Busan Ho Lake 5T purchase price on April 19, 2006, 19. 5,000,000 citizen E 3 April 19, 2006, 34. 7, 200,000 CD transfer C 4. 5,20,00,000 No. 3073 on March 7, 207, 50, 14,50,000, 00, 00, 00,000, 30,000, 30,000, 300, 3,000, 3,000 or 4,000, 3,00 or 00,00 or more was issued on December 18, 207, 200, 300, 300 or 7.18,201.

2. The judgment is based on the facts that the Plaintiff was employed as an employee in charge of accounting from April 2006 to the beginning of April 2013, 2013 by the Defendant’s Defendant, and according to the respective descriptions of the evidence Nos. 1 and 2 (including the number of each branch number; hereinafter the same shall apply), each money was transferred from the Plaintiff’s account, such as the entry in the above list.

However, the witness F’s testimony and the result of the Plaintiff’s questioning, which seem to conform to the assertion that each money written in the above table is a loan, are difficult to believe in all in light of the Defendant’s personal examination result, etc., and the aforementioned evidence alone is insufficient to acknowledge it. Not only is there any other evidence to acknowledge it, but also the Plaintiff’s testimony and the result of the Defendant’s personal examination, and the following circumstances recognized by the overall purport of the Defendant’s personal examination result, are considered as follows.

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