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(영문) 창원지방법원 2015.02.12 2013가합6391
대여금
Text

1. The Plaintiff, Defendant B, and Defendant C, jointly and severally with Defendant B, KRW 61,00,000,000, and each of the above amounts.

Reasons

1. Facts of recognition;

A. The Plaintiff borrowed the Plaintiff’s money and Defendant B’s unauthorized use of the repayment amount, etc. (1) around the end of 2009, the Plaintiff was proposed to lend money to the employees belonging to the F branch in Changwon-si, where D had been working as the head of office, and through D, received a loan certificate stating the name of the employees from the employees, etc., and then continuously lent 16 million won to the employees belonging to F branch until November 13, 2012, which amounting to less than 16 million won, to 5% of monthly interest. (2) The Plaintiff, upon D’s request, remitted the above loan to G bank account in the name of the mother of D or to Defendant B’s account in the name of Defendant B operating the said F branch, and then withdrawn or delivered the loan to the employees.

3) D received 3% of the amount borrowed from the monthly employees as interest of the above loan from Defendant B, and transferred it to the Plaintiff through the bank account in the name of the said G to the Plaintiff. When employees retire from the F point of view, they also remitted the amount to the Plaintiff when they delivered the money in the name of repayment of the principal and interest of the loan to D. Meanwhile, employees retired from the office and transferred the money in the name of repayment of the principal and interest of the loan to the Defendant B. While Defendant B sent the money in the name of the principal and interest of the loan to the Plaintiff, some of the above repayment amount to Defendant B transferred the money to the Plaintiff by delivering it to the Defendant B, Defendant B used it without the Plaintiff’s consent.

B. On May 2, 2013, Defendant B borrowed KRW 10 million from the Plaintiff, and as seen above, Defendant B borrowed KRW 13 million from the employees employed by the Plaintiff without the Plaintiff’s consent, stated the loan and repayment in the loan column the sum of KRW 113 million, and signed and sealed on the debtor’s column.

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