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(영문) 부산고등법원(창원) 2015.10.22 2015나741
대여금
Text

1. Of the judgment of the first instance court, KRW 32,578,671 against the Plaintiff and the Plaintiff shall be fully paid with respect to the Defendant from June 11, 2013.

Reasons

1. Basic facts

A. At around December 2009, the Plaintiff offered a proposal to increase the amount to be lent from D to the employees belonging to the F main points in Changwon-si, where D worked as the head of the department, and around that time, lent to D money of KRW 16 million at the monthly interest rate of KRW 5% from around November 13, 2012.

B. D, as above, receives 3% of the monthly loan from the employees of F stores who re- lend the money borrowed from the Plaintiff, and the Defendant paid 5% interest on the remainder of 2% of the monthly loan to the Plaintiff, thereby having D pay interest to the Plaintiff.

C. The employees of F branch offices paid to D or the Defendant the money borrowed from D while retiring their main points, and most of them were remitted to the Plaintiff via D. However, the Defendant did not deliver part of them to the Plaintiff, but remitted only the interest accrued after it was used to the Plaintiff.

On May 2, 2013, the Plaintiff lent KRW 10 million to the Defendant on May 2, 2013. As above, the Plaintiff calculated a total of KRW 113 billion by calculating the amount of money used by the Defendant without having repaid the borrowed money from the retired employees as KRW 13 million, while paying the said money to the Plaintiff.

8. The loan date: 10,00 won on December 1, 2009; 20,000 on May 16, 2011; 20,000 on May 3, 20, 201; 30,000; 10,000 on May 3, 20, 201; 10,000 on May 3, 201; 10,000; 10,009, 50 on May 4, 2012; 10,009, 10,009, 50 on May 4, 2010; 10, 200, 500, 500 on May 10, 201; 10, 200 on May 16, 10, 2005; 10, 105, 2005;

E. Meanwhile, from December 2009 to May 201, 2013, the Plaintiff loaned money to Defendant and its employees through D (hereinafter “instant loan”).

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