(영문) 대구지방법원 2019.05.23 2018나305756

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대구지방법원 2019.05.23 2018나305756

대여금

Text

1. The plaintiff's appeal and the conjunctive claim added by this court are all dismissed.

2. After filing an appeal.

Reasons

1. Basic facts

A. The Plaintiff is a corporation that operates the equipment construction business.

B. On December 27, 2012, the Plaintiff received payment of the construction cost for machinery and equipment and fire-fighting works from the Jung-gu Incheon Complex Construction Corporation (hereinafter “F”) as KRW 2,478,00,000 among the construction works for the instant construction works.

C. The Defendant was an employee of F from around 2012 to 2013, and served as the site manager of the instant construction project.

On January 4, 2013, C, the representative director of the Plaintiff, remitted KRW 30 million to the Defendant, and on September 16, 2013, remitted KRW 15 million to D, designated by the Defendant, KRW 45 million (hereinafter “instant money”).

[Ground of recognition] Facts without dispute, entry of Gap 1, 2, 4, and 5 evidence, the purport of the whole pleadings

2. The assertion and judgment

A. 1) The gist of the parties’ claim is as follows: (a) the Plaintiff asserted that the instant money was leased at the Defendant’s request for a monetary loan; and (b) the Defendant asserted that the instant money was the money received as the site management fee; (c) the instant money was examined as to whether the said money was the loan; (d) the Plaintiff’s testimony of the witness H of the court of first instance; and (e) the Defendant’s examination result of the first instance court’s questioning and the entire purport of oral argument; (e) C, the representative director of the Plaintiff, was aware of the Defendant, who was working as the head of F’s field office during the process of receiving a subcontract for machinery and equipment and fire-fighting construction during the instant construction; and (e) the Plaintiff did not know the Defendant until that time; and (e) the Plaintiff did not prepare any document with respect to the instant money; and (e) the Plaintiff’s lending of the money to the f’s f’s f’s 45 million won to the f’s f’s son and received the loan certificate or confirmation.

유사 판례

-대구지방법원 2018.04.12 2017가단9562

-대구지방법원 2019.07.18 2018나11563

-울산지방법원 2019.01.10 2017나25659

-창원지방법원진주지원 2017.12.07 2017가합424

-창원지방법원 진주지원 2015.05.20 2014고정283