(영문) 서울중앙지방법원 2017.05.25 2015가단5310639

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(영문) 서울중앙지방법원 2017.05.25 2015가단5310639

대여금

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1. As to the Plaintiff (Counterclaim Defendant)’s KRW 20,298,770 on the Defendant (Counterclaim Plaintiff) and its related amount from January 1, 2015 to March 7, 2016.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. Defendant B, who operated a wholesale and retail business with the trade name of “D,” was incorporated on November 4, 2009 with Defendant B, his spouse, and is operating this up to the present day.

B. The Plaintiff served in D from May 2008 to November 3, 2009, and served in the Defendant Company from November 4, 2009, and retired from the Defendant Company on June 12, 2015.

C. The Plaintiff transferred KRW 27 million to Defendant F on January 24, 2008, a time immediately before he worked in D.

Meanwhile, from January 2013 to August 2014, the Plaintiff used 20,298,770 won in personal, out of the total amount received as the price for the goods of the Defendant company.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 12, Eul evidence Nos. 12, 17 through 20, the purport of the whole pleadings

2. Determination as to the claim on the principal lawsuit

A. The Plaintiff’s assertion (1) on January 24, 2008, the Plaintiff lent KRW 27 million to Defendant B, but Defendant B paid only KRW 1 million among them. As such, Defendant B is obligated to pay the Plaintiff the balance of the loan and delay damages.

Preliminaryly, Defendant B was obligated to return the said money to the Plaintiff, even if the said money was invested, as the Defendant B agreed to return the said money to the Plaintiff. In addition, Defendant B received the said money by deceiving the Plaintiff without any intention or ability to return the said money from the beginning. As such, Defendant B is obligated to compensate the Plaintiff for damages caused by tort.

(2) The Defendant Company agreed to pay 2 million won per month to the Plaintiff as wages.

Nevertheless, only KRW 1,00,000 or KRW 1,50,000 per month has been paid to the Plaintiff, and the Defendant Company is obligated to pay to the Plaintiff the unpaid amount of KRW 27,80,00,000, and the unpaid amount of KRW 2,163,344, and damages for delay.

B. Determination as to the claim against Defendant B (1) is based on the loan argument, and the Plaintiff on January 208.

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