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(영문) 서울서부지방법원 2017.08.24 2016나34964
대여금
Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

2...

Reasons

1. Basic facts

A. The Plaintiff was the representative director of the Plaintiff Company C (hereinafter “Nonindicted Company”), and the Defendant served from April 2014 to January 30, 2015 as the head of the business team.

B. As indicated in the table below, the Plaintiff remitted total of KRW 8,103,90 to the Defendant from May 2, 2014 to January 28, 2015. The Defendant remitted total of KRW 2,480,000 from April 21, 2014 to November 12, 2014, and the Plaintiff paid KRW 770,000 for rental fee with the card under the name of the Defendant.

(10) The amount of money transferred to the Plaintiff by the Defendant: (1) 1,20,00 won on May 2, 2014; (2) 1,00,00 won on April 21, 2014; (3) 50,000 won on May 12, 2014; and (4) 1,00 won on September 2, 2014; (8) 30,000 won on May 30, 2014; and (8) 1,000 won on May 30, 2014; and (6) 1,00,00 won on May 30, 2014; and (8) 1,00 won on May 30, 2014; and (6) 20,000 won on May 28, 2014; and (7) 1, 2014 won on May 10, 2014

2. The parties' assertion

A. The plaintiff's assertion that the plaintiff lent KRW 8,103,90 to the defendant as shown in the above table and received KRW 3,250,000 from the defendant (= KRW 2,480,000). Thus, the defendant should pay the remaining amount of KRW 4,853,90 (= KRW 8,103,900 - KRW 3,250,000) to the plaintiff.

B. Of the money remitted to the Defendant in the Defendant’s statement on the Defendant’s assertion, (1) the Plaintiff borrowed the money, but (2) the Defendant paid the money as the expenses of the department, and (3), (4), (6), (7), and (3) the Defendant paid the money as the requested payment to the Nonparty Company. However, the purport of the Defendant’s written statement on December 18, 2015 and the entire pleadings is unclear.

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