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1. The Defendant’s KRW 88,33,616 for the Plaintiff and KRW 5% per annum from December 11, 201 to November 18, 201.
Reasons
1. Facts of recognition;
A. The Plaintiff is a director of C Co., Ltd. operating the fishery products distribution business, and has supplied fishery products to the Defendant Company from 2001 to 2006.
B. Around September 2003, D, a person in charge of purchase of the Defendant Company, held a claim against the Defendant Company E (hereinafter “E”) with respect to the Plaintiff, and the claim is virtually difficult to be recovered due to the circumstances E. The head office of the group to which the Defendant Company belongs, which is scheduled to audit the Defendant Company at the head office of the group to which the Defendant Company belongs, may be at issue if the claim is not recovered. The Plaintiff, as an executive officer of the Defendant Company, concluded that F would return the claim at the time of termination of the audit on behalf of the Plaintiff, and that F would return the claim at the time of the expiration of the current situation.
C. Accordingly, from October 17, 2003 to April 14, 2004, the Plaintiff transferred the amount requested by D once from October 17, 2003 to the Defendant’s account in the name of E (hereinafter “the instant amount”).
The remittance amount deposited account of the remittance date, with the amount of KRW 33,50,000 on October 17, 2003, the depositor of the new bank G (the Plaintiff: the depositor of the Plaintiff: the Plaintiff) entered the depositor of the new bank H (B) of the new bank as “E” and entered the depositor of the new bank as “E” on January 19, 2004, and entered the depositor of KRW 22,00,000 as “E” as “E” on February 16, 2004, the remittance amount of KRW 22,00,000 on March 16, 2004, KRW 2,200,000 on April 14, 2004, KRW 126,190,80 on April 16, 2004
D. On November 26, 2010, the Plaintiff sent to the Defendant a certificate of content that the Plaintiff returned the instant monetary amount to the Defendant via D, etc., but did not receive any refund, and on December 10, 2010, the Plaintiff sent to the Defendant a certificate of content that the Plaintiff returned the instant monetary amount to the Defendant by December 10, 2010.
[Ground of recognition] The fact that there is no dispute, Gap's 1 through 4 (if there is a number, including each number; hereinafter the same shall apply), the witness D's testimony, and the purport of the whole pleadings
2. The plaintiff's assertion is as follows.