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1. The Defendant’s KRW 180,590,780 among the Plaintiff and KRW 168,00,000 among the Plaintiff, shall be from May 1, 2012, and KRW 12,590,780.
Reasons
1. Basic facts
A. The Plaintiff is a company established on January 18, 2007 for the purpose of manufacturing, trading, and wholesale of clothes and miscellaneouss, and C is the representative director of the Plaintiff who established the Plaintiff by investing funds, and the Defendant is an employee of the Plaintiff who takes overall charge of the Plaintiff’s business from the time of establishment to September 2010 of the Plaintiff’s retirement. The Plaintiff agreed to pay 30% of the annual income to the Defendant where the operating income of the Plaintiff occurred while employing the Defendant.
B. On January 15, 2008, the Plaintiff remitted KRW 50 million to the Defendant’s attached account designated by the Defendant, KRW 30 million to the Defendant’s account on July 2, 2008, KRW 40 million to the Defendant’s account on February 6, 2009, KRW 48 million to the E’s account designated by the Defendant on July 8, 2009, KRW 10 million to the Defendant’s account on August 26, 2009, and KRW 288,000,000 to the E’s account designated by the Defendant on October 22, 2009.
C. Meanwhile, F, on July 10, 2008, remitted KRW 22,590,780 to the Defendant’s account, which was in a transaction relationship with the Plaintiff’s original supply.
Plaintiff
G in business relations with the company was transferred to C in the name of June 19, 2007, and after that, G transferred total of KRW 10 million from February 29, 2008 to December 31, 2008 to the Defendant’s account.
E. On July 16, 2008, for the sale of home shopping of products produced by the Plaintiff Company, the Plaintiff, upon the Defendant’s recommendation, remitted KRW 21 million to H as the price for home shopping code.
F. Meanwhile, the Defendant remitted KRW 10 million to C’s account on December 2, 2011.
【Ground of recognition】 The fact that there has been no dispute, Gap 1 through 25 evidence, Eul 1 through 15 evidence (including each number; hereinafter the same shall apply), witness I, and the testimony and the purport of the whole pleadings
2. The parties' assertion
A. The plaintiff's assertion 1 is the defendant, ① 50 million won under the name of living expenses on January 15, 2008, ② 30 million won under the name of medical expenses for the defendant's children on July 2, 2008, ③ 40 million under the name of living expenses on February 6, 2009.