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Reasons
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(영문) 울산지방법원 2020.02.06 2018나27348
대여금
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1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to pay below shall be revoked.

The defendant.

Reasons

1. Basic facts

A. A. Around June 2017, the Defendant served as the employee of C Co., Ltd. (hereinafter “C”). Around June 2017, the Defendant requested the Plaintiff to pay the wages for five months on the grounds that the mother, who served as the site manager of C, was in office, on account of the circumstances, such as hospital expenses, etc., and the Plaintiff transferred KRW 3,000,000 to the Defendant’s account on June 26, 2017.

B. After that, on July 14, 2017, the Defendant received 3,520,000 won for five-month wages from C, and transferred 3,000,000 won for the same day to C’s account, and D paid it to C.

[Reasons for Recognition] Uncontentious Facts, Gap evidence 1, Eul evidence 1 and 2, and the purport of the whole pleadings

2. The parties' assertion

A. As the Plaintiff alleged on June 26, 2017 loaned KRW 3,000,000 to the Defendant on June 30, 2017, the Defendant is obligated to pay the Plaintiff a loan of KRW 3,000,000 and damages for delay from July 1, 2017.

B. The Defendant’s assertion that the Plaintiff paid KRW 3,00,000,000 to the Defendant on June 26, 2017 is not a loan, and the Defendant returned it to C via D on July 14, 2017.

Therefore, the plaintiff's assertion is without merit.

3. Determination as to the cause of action

A. We examine the determination on the nature of the money paid by the Plaintiff to the Defendant, and the following circumstances, namely, ① the Plaintiff’s transfer of KRW 3,00,000 to the Defendant’s account on June 26, 2017 to the Defendant’s account; ② the Plaintiff appears to have been merely a worker of the Defendant at the time, and ③ the Plaintiff appears to have paid the full amount of wages (3,526,350 won) to the Defendant regardless of the Plaintiff’s transfer of KRW 3,00,000 to the Defendant’s account; it is reasonable to deem that the Plaintiff was a loan of KRW 3,00,000 paid to the Defendant on June 26, 2017.

hereinafter referred to as "the case."

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