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(영문) 부산지방법원 2016.12.01 2016가합76
대여금
Text

1. The Defendant’s KRW 250,000,000 as well as the annual rate of KRW 5% from September 9, 2015 to December 15, 2015 to the Plaintiff.

Reasons

1. The fact that there exists no dispute or dispute);

A. From around 1992, the Plaintiff served as the representative director of C Co., Ltd. (hereinafter “Non-Party Company”). The Defendant served as an employee or director of the Non-Party Company from around 1993 and retired from office around October 2013.

The plaintiff is the defendant's wife D's omission, and the defendant is the defendant's wife.

B. On December 14, 2012, the Plaintiff remitted KRW 100,000 to the Defendant’s deposit account; on the same day, E transferred KRW 100,000 to E; and 50,000,000 to Lone Star Co., Ltd. (hereinafter “Lone Star”) to the Defendant’s deposit account, respectively; and remitted the total amount of KRW 250,000 to the Defendant.

2. The parties' assertion

A. The Plaintiff’s above KRW 250 million is the loan lent by the Plaintiff at the Defendant’s request. The Defendant is obligated to pay the Plaintiff the above KRW 250 million and interest and damages for delay.

B. The above KRW 250 million is a monetary reward or bonus paid by the non-party company to the defendant by recognizing that the non-party company contributed to the defendant's work at a Chinese branch, and it is not a loan to the defendant, and there is no reason to respond to the plaintiff's claim.

3. Determination

A. The following circumstances acknowledged by comprehensively taking account of Gap evidence Nos. 1 through 6 (including each number), witness F’s testimony and the purport of all pleadings with respect to the above nature of KRW 250 million, namely, (i) the defendant also requested the plaintiff to lend KRW 250 million to the plaintiff around November 201, 2012, which was the month before the month when the above remittance was made; (ii) the party who remitted the above KRW 250 million out of the above KRW 250 million to the plaintiff is not the non-party company, but the plaintiff; (iii) E and Lone Starex’s employees who remitted the remaining KRW 150 million to the plaintiff by transferring their funds to the defendant; and (iv) the plaintiff actually repaid the above KRW 150 million to E and Lone Starex to the non-party company, and (v) the plaintiff repaid to the non-party company, five million won in fact.

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