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1. The Defendant’s KRW 5,831,660 as well as 5% per annum from July 11, 2013 to January 14, 2014 to the Plaintiff.
Reasons
1. Basic facts
A. Defendant Company is a company operating camping grounds, camping grounds, camping grounds, etc., and the Plaintiff was working as the representative director of Defendant Company from June 18, 2012 to April 23, 2013.
B. The total amount of KRW 4 million on April 18, 2012 in the name of the Plaintiff in the name of the Agricultural Cooperative (C) in the name of the Defendant Company, KRW 11 million on two occasions on April 20, 2012, the total amount of KRW 10 million on two occasions on February 23, 201, and KRW 10 million on two occasions on the 30th of the same month; and
5.2. 5 million won, and the same month;
8. Two times in total: 20 million won; 3 million won in the same month; 11.1.5 million won in the same month; 14.1,00 million won in the same month; 16.8 million won in the same month; 21.5 million won in the same month; and
6. A total of KRW 95 million was transferred over 16 times, including KRW 8 million.
[Ground of recognition] Facts without dispute, Gap evidence 1-1 and 2, the purport of the whole pleadings
2. Determination as to loan claims
A. The Plaintiff’s judgment on the cause of the claim is based on the Plaintiff’s totaling KRW 10 million to the Defendant Company on April 23, 2012 and KRW 10 million on two occasions on April 30, 2012, and the same year.
5.2. 5 million won, and the same month;
8. 10 million won, 10.3 million won for the same month, 11.1.5 million won for the same month, and the same year.
6. A total of KRW 47,50,000,000,000,000 on nine occasions, including KRW 8 million, has no dispute between the parties without setting the interest and the due date.
The plaintiff asserts that he lent the above KRW 47.5 million to the defendant company in addition to the above KRW 48.0 million, but even if there is no dispute as to the fact that money was received by the parties, the reason that the plaintiff received it is a loan for consumption, and the defendant is liable to prove that it was received by the loan for consumption if it is asserted that it was received by the loan for consumption (see, e.g., Supreme Court Decision 72Da221, Dec. 12, 1972). The plaintiff's assertion that it was received by the loan for consumption is liable to prove that it was received by the loan for consumption (see, e.g., Supreme Court Decision 72Da221, Apr. 18, 2012). The plaintiff's account in the name of the defendant company
5.8.10 million won, 14.10 million won for the same month,