(영문) 수원지방법원 2016.12.23 2016나51139

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(영문) 수원지방법원 2016.12.23 2016나51139

부당이득금반환

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1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.

The defendant.

Reasons

1. Basic facts

A. The Plaintiff joined C Co., Ltd. (hereinafter “Nonindicted Company”) on April 26, 199 to April 23, 2007, and retired from office as an auditor from office from April 26, 199 to December 2008. The Defendant joined Nonparty Co., Ltd. on June 1, 1976 and retired from office as a director from office on April 17, 1991; and from October 9, 2002 to the representative director on April 12, 2013.

B. On March 2, 2007, the Defendant requested the Plaintiff to open an account in the name of the Plaintiff while necessary for the business of the non-party company, and the Plaintiff opened an enterprise bank account (hereinafter “the Plaintiff’s bank account”) and delivered the passbook and the seal to the Defendant.

C. The Defendant borrowed KRW 100 million from E (hereinafter “E”) in the Plaintiff’s name, and E deducted a loan fee, etc. from the Plaintiff’s account under the Plaintiff’s name on March 5, 2007, and remitted KRW 99,080,000. On the same day, the Defendant instructed Nonparty Company’s employees L to deposit KRW 90 million into its own corporate bank account.

On June 28, 2007, the non-party company deposited KRW 116,083,098 of the Plaintiff’s interim settled retirement pay in the name of the Plaintiff, and the Defendant obtained the Plaintiff’s consent by stating that it would be used as a non-official financing for the non-party company. On June 28, 2007, the non-party company withdrawn KRW 110,000,000 and KRW 10,50,000,000 from the above retirement pay to E, and paid the loan to E out of the remainder, and managed and used the amount of the Plaintiff’s account under the name of the Plaintiff, such as remitting to G.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, and 4, testimony of witness L of the first instance court, party principal inquiry results against the plaintiff of the first instance court, the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff's assertion is that the defendant shall pay 90 million won out of the loans to E.

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