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(영문) 부산고등법원 2015.06.04 2014나51855
대여금
Text

1. All appeals filed by the Plaintiff (Counterclaim Defendant) against the instant principal lawsuit and counterclaim are dismissed.

2. The costs of appeal shall be the principal lawsuit.

Reasons

1. Basic facts

A. The Plaintiff and the Defendant were in a mountain village, and from around 2008, the Plaintiff was engaged in the supply and sale of books, etc. with the trade name D from Ulsan-gu C. From around 2010, the Defendant suspended the Plaintiff’s business on July 2012, 201.

B. In substance, the above E in the name of the Defendant’s business entity operating the Plaintiff, who was employed by the Defendant as the Plaintiff’s employee, received the payment. However, in the event of sales due to the sale of books in the name of E, the sales amount has been operated in the manner of depositing the sales amount from the Agricultural Cooperative Account in the name of the Defendant (G; hereinafter “E account”) in the name of the Plaintiff, which is the business purpose of D, into the Agricultural Cooperative Account (H; hereinafter “D Account”).

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 (including paper numbers; hereinafter the same shall apply), testimony of witness F of the first instance court, purport of whole pleadings

2. Determination as to the claim on the principal lawsuit

A. The plaintiff's assertion that the defendant supplied books to the customer in the name of E in the course of managing E and deposited them in the E account when the sales amount occurs. From 2010 to 2012, the sales amount of KRW 802,641,09 is the total of KRW 802,641,09 and the total of KRW 697,618,120 to KRW 105,02,979 is the difference of KRW 697,618,120, and the total of KRW 105,02,979 is the difference of KRW 5,231,110, and KRW 33,002,00,000, KRW 24,150,000, and KRW 24,000, and KRW 200,000 to the defendant's mother's money borrowed from the E account.

B. The Plaintiff is entitled to the difference between the sales amount accrued from the E account and the deposit amount deposited into the D account.

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