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(영문) 서울고등법원 2018.06.29 2017나2061288
대여금
Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the following amount ordered to be paid shall be revoked:

Reasons

1. The facts below the basis of facts are either in dispute between the parties or in accordance with Gap evidence Nos. 1 to 5, together with the whole purport of the pleadings.

[1] On November 5, 2015, C Co., Ltd (hereinafter referred to as “C”) was established for the purpose of real estate trading, lease, consulting, auction and public sale, and the analysis of rights to real estate.

In the corporate register, the plaintiff was registered as the representative director of the Dispute Resolution Co., Ltd., and the defendant, who was in office as the plaintiff's high school, was operating the Dispute Resolution Co., Ltd. as the actual representative.

The plaintiff has a position in the office of the head of the office and has been in charge of the defendant's driver's and the chief of the office.

[2] From September 7, 2015 to June 27, 2016, a sum of KRW 128,000,000 was remitted from the Plaintiff’s account to the Defendant’s account as shown below [Attachment 1].

[Attachment 1] On September 7, 2015, 10. 3,00,00 on September 7, 2015; 10,300,00 on September 9, 2015; 30,000 on September 15, 2015; 5,000,00 on September 5, 200 on October 5, 2015; 10,006. 0. 6. 0,00 on June 35, 200 on October 36, 2015; 10,00. 10,00,00 on October 35, 206; 10,007; 10,000 on October 1, 200, 2005; 10,000 on October 19, 2015;

From October 5, 2015 to March 30, 2016, total of 32,648,220 won was remitted or withdrawn from the Plaintiff’s account as shown in the following [Attachment 2].

[Attachment 2] On October 5, 2015, J 80,000 J 80,000 on October 15, 2015: (i) CB 542,800 4, 200 March 10, 2015; (ii) CB 300,005 March 30, 200 on March 10, 2016; (iii) KRW 25,337,850 on March 30, 2016; and (iv) KRW 5,067,570 on March 30, 2016; and (v) KRW 32,648,20 on October 19, 2015; and (v) Plaintiff 406,70, Jul. 27, 2016.

[3]

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