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(영문) 대전지방법원 2015.09.22 2015나2353
대여금
Text

1. Of the judgment of the court of first instance, the part against the plaintiff (Counterclaim defendant) corresponding to the amount ordered to be paid additionally below.

Reasons

The plaintiff operates a win-win broadcasting company for the missionary work of his ideology with the Religious Foundation. The defendant was employed as a person in charge of B belonging to the above broadcasting company's sound team on March 30, 2006, was dismissed at the end of March 2013, and the defendant was not working in the above broadcasting station for one year from May 2010 to April 201, there is no dispute between the parties.

According to the overall purport of Gap evidence Nos. 1 and 4 as to the cause of the claim for judgment on the principal claim, the plaintiff can be acknowledged that on May 2, 2011, the defendant lent KRW 15 million to the defendant as the defendant requires money in the form of traffic accident agreement. Thus, the defendant is liable to pay the loan amount of KRW 15 million and delay damages to the plaintiff.

(B) The defendant asserted that he received KRW 15 million from the plaintiff as a loan, not a loan, but a unpaid wage. However, according to the evidence mentioned above, the defendant's argument that he received the above amount as a loan even if it is based on the statement in the evidence Nos. 5 and 7. The defendant's defense on the defendant's defense is that the plaintiff paid the loan by deducting KRW 300,000 per month from the monthly salary of KRW 90,000. As such, the defendant asserted that the amount deducted for 20 months from June 201 to January 2013 is KRW 6,000,000 deducted from the monthly salary of KRW 198,00,000,000, which included the amount not paid as a loan.

According to the evidence evidence Nos. 6 and 7, the Plaintiff sent to the Defendant, May 8, 2013, the following facts: (a) the Defendant repaid the Defendant a loan of KRW 15 million to KRW 3 million from June 2011 to January 2013, 201; and (b) the Plaintiff verified the content that the amount of KRW 9 million remains as outstanding; and (c) on May 23, 2013, the Defendant paid wages of KRW 1,980,000,000 not paid to the Plaintiff, in addition to the repayment of KRW 6 million as above.

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