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(영문) 대전지방법원 2018.05.25 2017나108651
대여금
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The Defendant, as an employee of the Plaintiff, performed duties such as field management and fund management.

B. On December 201, 201, E, the husband of the Plaintiff’s representative director D, sold F and G land (hereinafter “instant land”) to H (a real estate sales contract includes the buyer’s husband’s “C”), and H entered into a construction contract with the Defendant for the construction of a building on the instant land (hereinafter “instant construction”).

C. On January 18, 2012, from the Plaintiff’s account under the name of the Plaintiff, KRW 1,000,000 was transferred to the account under the name of J as the construction design cost of the instant construction work. From the Plaintiff’s internal director and the father, the Plaintiff’s father, the Plaintiff’s in-house director and the K’s father were transferred KRW 4,00,000 to the account under the name of J as the above construction design cost.

(hereinafter “instant design cost”). D.

E paid 2,018,500 won, each of which was paid to the Korea Cadastral Survey Corporation on February 7, 2012, in total, KRW 1,131,90, and KRW 886,60,00 as the cost of partition survey.

[Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, 5 through 9 (including the number of pages), the purport of the whole pleadings

2. The parties' assertion

A. The gist of the Plaintiff’s assertion appears to have concluded a contract on the instant construction between H and the Plaintiff who purchased the instant land. At the Defendant’s request, the Plaintiff, an employee of the Plaintiff, paid KRW 1,000,000 out of the design cost of the instant construction, and KRW 2,018,50,000 of the survey cost of the instant case as the Plaintiff’s funds. Of the design cost of the instant case, KRW 4,00,000, transferred from the account in the name of K, the Defendant voluntarily wired KRW 4

However, the Defendant concluded the instant construction project under the name of the Defendant, excluding the Plaintiff, directly with H, and concluded the instant construction project. Since the instant design cost and survey cost are money borrowed from the Plaintiff or embezzled by the Defendant, the Defendant is so.

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