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1. The plaintiff's appeal is all dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
Reasons
1. Basic facts
A. The Defendant is a company running the business of manufacturing and selling propane and butane gas, and the Plaintiff was an employee of the Defendant, around May 31, 1981, who entered the Defendant’s tank driver around May 31, 201 and was the head of the Defendant’s management department and the head of the new harbor business office until he/she retires.
B. As indicated below, from September 1, 2004 to March 19, 2018, the sum of KRW 5,520,580,000 was transferred from the account in the name of the Plaintiff or the Plaintiff’s wife C to the account in the name of the business office in the name of the Defendant or the Defendant’s new design. Of that, the sum of KRW 4,990,370,000, the sum of KRW 2 transfer included the Defendant’s gas payment that the Plaintiff received from the Defendant’s trader.
The transfer details table Nos. 4,90,370,003 Gwangju Bank G (C) on November 39, 2017, 200, 1 Gwangju Bank E (the Plaintiff’s name) from May 10, 2017 to March 19, 2018, 200 SwitzerlandF (the Plaintiff’s name) from September 1, 2004 to November 12, 2016, 203 Gwangju Bank G (C) on the 39,000,000,0004 KB Bank H (C) from October 30, 2015 to October 30, 300, 2005;
C. As indicated in the separate sheet, KRW 338,940,000 was transferred from July 30, 2008 to May 21, 2010 to the virtual account given by I Co., Ltd. (hereinafter “I”) to the Defendant from the account in the Plaintiff’s name.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 7, fact-finding to the I Co., Ltd., and the purport of the whole pleadings
2. The plaintiff's assertion
A. The primary claim: The defendant is a stock company under the Commercial Act which runs the business of manufacturing and selling professional gases and but the plaintiff is an employee of the defendant from May 31, 1981 to May 31, 2018.
The Plaintiff directly lends 3,155,503,778 won to the Defendant (i.e., total remittance amount of KRW 5,520,580,000 - total remittance amount of KRW 2,365,076,222) from the beginning of 2000 to the retirement of the Defendant.