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(영문) 부산지방법원 2015.10.08 2015나41388
대여금
Text

1. Of the judgment of the court of first instance on the primary claim, the part against the plaintiff on the money ordered to be paid below.

Reasons

1. Comprehensively taking account of the overall descriptions and arguments of Gap's evidence Nos. 1, 7, 14, 16, 23, 24, 28, and 36 (including the serial number) as to the primary cause of claim, Eul, the president of the above medical corporation, agreed with the plaintiff and the representative director of the above medical corporation, who had engaged in drug transactions at the time of the above hospital, about the payment of wages to the above hospital employees. Ultimately, the plaintiff paid the amount of wages to the above hospital employees in the manner of directly lending the above hospital employees. If the plaintiff is transferred the above hospital's management right normally, the above hospital employees did not request the repayment of loans to the employees of the above hospital. Accordingly, the above medical corporation did not reach the above medical corporation's order of borrowing the loan amount stated as the plaintiff's obligee (the amount column) and the administrator's right of delegation stated as the plaintiff (the plaintiff did not receive the above amount of wages from the plaintiff 130 percent 14th 15th 2014th 2015).

According to the above facts of recognition, it is reasonable to view that the Plaintiff agreed with the Defendant to lend the amount equivalent to the Defendant’s benefits for September 2013, and that the Defendant remitted KRW 1,794,540 to the Defendant on October 25, 2013.

Although the defendant asserts that the plaintiff lent the amount equivalent to the employee's wages to the above medical corporation and paid it on behalf of the employees, the above medical foundation at the time when the plaintiff paid the amount equivalent to the employee's wages to the employee.

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