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(영문) 춘천지방법원 2018.12.04 2017나54392
대여금 반환청구
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

purport, purport, and.

Reasons

1. Presumed factual basis

A. D was appointed as the representative director of Defendant B on April 29, 2011, and resigned on May 17, 2013, and Defendant C was in office as the representative director of Defendant B from May 17, 2013.

B. Defendant C (alias: E) and the Plaintiff’s birth together with F, as the title of “scarcity”, and “corporate name: Defendant Social Welfare Foundation B, Representative: the date of opening the business: October 31, 2003; the location of the place of business and the head office: the document stating the following as follows, in Seo-gu, Daejeon Metropolitan City G:

(hereinafter referred to as "the loan certificate of this case". A ED F B H B

C. The Plaintiff, under the name of Defendant B, remitted KRW 5.2 million on October 26, 201; KRW 15 million on February 3, 2012; KRW 2 million on February 6, 2012; KRW 14.5 million on March 14, 2013; KRW 10 million on March 19, 2013; KRW 20 million on March 28, 2013; KRW 20 million on December 30, 2013; KRW 20 million on June 27, 2013; KRW 20 million on June 15, 2013; and KRW 300,000 on July 15, 2013; and KRW 300,000 on March 13, 2015, respectively, under the name of Defendant B representative director.

(hereinafter referred to as “the instant money”) D.

From June 1, 2013 to February 10, 2014, when Defendant C was in office as the representative director of Defendant B, Defendant C used KRW 25,410,203 in total over 316 times for the purpose of receiving cash services using the national card in the name of the Plaintiff or paying gas stations, Schlages, and food payments.

(hereinafter referred to as “the instant credit card use price.” The Plaintiff paid the said credit card use price in full, and Defendant B deposited KRW 13 million out of the instant credit card use price to the Plaintiff on November 27, 2013.

E. From June 201, F served as the Head of the Land Construction Business Headquarters of Defendant B.

F. Around January 2012, the Plaintiff participated in the operation of Defendant B to run a profit-making business under the name of Defendant B with the introduction of F, while bearing not only Defendant B’s profit-making business fund but also part of the operating fund. Defendant B’s management support office directly managed the fund.

Defendant C shall be October 201.

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