logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원논산지원 2017.05.18 2016가단1970
대여금 등
Text

1. As to KRW 37,511,429 among the Plaintiff and KRW 4,474,96 among the Plaintiff, the Defendant shall pay a year from June 16, 2016 to May 18, 2017.

Reasons

1. Facts of recognition;

A. The Defendant became aware of the Plaintiff around 2012, and, on December 10, 2013, received business registration under the Plaintiff’s name as C, and carried on food machinery repair business, etc. until the end of March 2016.

I, while operating C business (Operation Management Business) from December 10, 2013 to March 2016, 2016, provide that the amount of 21,105,710 won in arrears and 7,543,943 won in material prices (excluding additional taxes) shall be repaid until March 31, 2016, KRW 21,649,653 shall be reimbursed until April 30, 2016, and if I, at the same time, receive a civil or criminal punishment.

Clerks on March 19, 2016: B Return

B. Around March 19, 2016, the Defendant drafted to the Plaintiff a letter of performance (Evidence A2, hereinafter “instant performance letter”) with the following content as follows.

C. On May 2016, the Plaintiff filed a complaint against the Defendant for rape, embezzlement, breach of trust, or fraud. On December 29, 2016, the Prosecutor of the Daejeon District Prosecutors’ Office in the Daejeon District Prosecutors’ Office issued a non-prosecution disposition against the Defendant, which was not subject to prosecution against rape, embezzlement, breach of trust, or fraud.

[Ground of recognition] Facts without dispute, Gap 1, 2, 7, 9, 18 evidence, Eul 5 evidence (including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. The parties' assertion

A. The gist of the Plaintiff’s assertion 1 ① The Defendant stolen the Plaintiff’s new card and used KRW 34,289,327 for the purpose of oiling expenses, etc. from January 27, 2014 to October 30, 2015.

In addition, the defendant received and used the personal business corporation card in the name of the plaintiff in the agricultural cooperative and the corporate bank, and the plaintiff paid the card price of KRW 4,474,99.

② From September 20, 2015 to five days from September 20, 2015, the Defendant had the Plaintiff conduct machinery washing, etc., but did not pay KRW 500,000 as wages.

③ While operating C in the name of the Plaintiff, the Defendant was delinquent in paying business income tax, value-added tax, 28,901,410 won and additional tax of 586,950 won, and did not pay 3,543,943 won for the goods on credit, and thereafter public auction costs.

arrow