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(영문) 대구고등법원 2016.09.29 2014나3055
선수금반환
Text

1. In the judgment of the first instance, the part concerning the principal lawsuit in the judgment shall be revoked, and the part concerning the revocation shall be applicable to the plaintiff (Counterclaim defendant).

Reasons

1. Judgment on the plaintiff's main claim

A. 1) The Plaintiff is a member of the Defendant Union, who is engaged in the manufacture and sale business of clothing, portraits, etc. in the name of “E” in the Daegu-gu month-gu, Daegu-gu, and was the representative of the Defendant Union from May 17, 1985 to February 28, 2001. The Defendant Union is operating a joint purchase business by importing or purchasing agricultural products, such as a small and medium enterprise cooperative established to promote the sound development of the industry and the independent economic activities among its members, and supplying them to its members. Defendant C is a managing director of the Defendant Union. (2) On April 5, 2010, the Plaintiff confirmed that the Plaintiff deposited KRW 500 million in advance to the Defendant Union. The Defendant Union promised to return the Plaintiff’s payment in kind or in cash at the Plaintiff’s request (hereinafter “instant confirmation document”). The Defendant Union prepared and delivered a confirmation document on the obligation of the Plaintiff Union to the Plaintiff under this case.

3) The Plaintiff, according to the instant confirmation, remitted each of the instant transfers of KRW 300 million on May 10, 2010 and KRW 200 million on May 14, 2010 to the Defendant Cooperative Bank Account (Corporate Bank Account Number F) (hereinafter referred to as “the instant advance payment”).

(ii) [Ground of recognition] No dispute, Gap evidence 1, 2, and 5 (including paper numbers, but hereinafter the same shall apply).

No. 1 and the purport of the whole pleadings

B. At the time of the preparation of the written confirmation of this case by the Plaintiff C, the Plaintiff requested that the Defendant C lend KRW 500 million to the Plaintiff, as the financial situation of the Defendant C would be difficult due to the embezzlement of G in charge of supplying as the vice head of the Defendant Cooperative’s business division.

Accordingly, the Plaintiff lent KRW 500 million to the Defendant Union, and as if the said money was paid as an advance payment for the rise, the Plaintiff and the Defendant Union represented by the Plaintiff and the Defendant Union.

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