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(영문) 부산지방법원 2017.12.19 2016가단62169
대여금
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 21,225,913 to the Plaintiff (Counterclaim Defendant) and its related amount from November 15, 2016 to December 19, 2017.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On April 1, 2013, the Defendant was the head of the branch office of the Gangseo-gu Busan Metropolitan Government E-Seoul Branch (hereinafter “Seoul Branch”) located in Gangseo-gu, Busan, and the Plaintiff was its employee.

B. Around July 20, 2016, the Defendant changed the password of the business operator account (D BankF) and replaced the storage lock system of the Gyeongnam Branch on July 23, 2016.

[Grounds for recognition] The entry of Gap evidence No. 1 and the purport of the whole argument

2. As to the main claim

A. The Plaintiff asserted that the Gyeongnam branch actually operated the Gyeongnam branch, and the Defendant is merely the head office in the name of the 3.5 million won. The Defendant excluded the Plaintiff from the right to operate the Gyeongnam branch by changing the password of the Gyeongnam branch office around July 2016 and replacing the lock locking system of the warehouse. As such, this part of the Plaintiff’s specific assertion on the lease deposit of the Gyeongnam branch office and warehouse in the Gyeongnam branch office and warehouse with unjust enrichment or damages, the Defendant paid the Plaintiff money as the deposit for the 2.5 million won and the 2.5 million won that the Plaintiff paid the contract deposit for the Gyeongnam branch office with the Gyeongnam branch office in the name of the Defendant, and the 3.5 million won and the 3.5 million won that the 3.5 million won and the 18100 billion won branch office with the contract deposit with the Gyeongnam branch office in the name of the son branch office (hereinafter “principal office”). The Plaintiff’s specific assertion on this part of the 1818th branch office with the new sales incentive.

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