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(영문) 서울남부지방법원 2016.06.02 2015가단213272
대여금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Grounds for claim;

A. Main assertion (1) The Plaintiff lent KRW 131,630,000 to the Defendant as follows.

① From July 31, 2007 to March 17, 2009, a sum of KRW 101,830,000, as indicated in the “written confirmation of the details of withdrawal” in the attached Form, was lent to the Agricultural Cooperative Account (C and D) in the name of the Defendant.

② The Defendant Association’s office work division directly delivers the amount of KRW 7 million on June 15, 2008, KRW 4 million on June 28, 2008, KRW 3 million on July 1, 2008, KRW 3.5 million on July 4, 2008, KRW 4.8 million on August 24, 2008, KRW 48 million on August 24, 2008, KRW 5 million on February 1, 2009, and KRW 29.8 million on February 2, 2009.

(2) The sum of the amounts repaid by the Defendant is KRW 12.5 million.

10 million won on September 8, 2008, KRW 15 million on September 25, 2008, KRW 1500,000 on September 25, 2008, and KRW 1 million on October 2, 2008

F. (3) The Plaintiff did not enter into an agreement on the interest or the due date for payment on the above lending due to the relationship in which the Defendant was in the position of the head of the service headquarters.

(4) Therefore, the Defendant is liable to pay the Plaintiff the loan 119,130,000 won and the delayed payment damages for the loan unpaid to the Plaintiff.

B. Preliminary assertion: (a) If, instead of the Defendant borrowed the instant money from the Plaintiff for personal purposes, E borrowed the instant money from the Plaintiff using the Defendant’s name; (b) this constitutes a case where E, as an employee of the Defendant, induced the Plaintiff to commit a harmful act with respect to the Defendant’s performance of business; and (c) the Defendant, as an employer of E, is obligated to pay the Plaintiff the damages amounting to KRW 119,130,000 and the damages for delay.

2. The defendant's assertion

A. There is no money remitted to the Defendant’s account under the name of the Defendant, and only 85,030,000 won was transferred to the head of the Tong managed by the Defendant E, which was the Defendant’s Secretary-General.

B. Article 13(2)2 of the Defendant’s Operational Rules (Evidence 1) provides that “a case of borrowing a loan” shall be subject to the resolution of the Steering Committee in which the president, vice-president, supporters’ association members, and branch presidents participate, etc., and the Plaintiff asserts.

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