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(영문) 대구지방법원 2015.03.26 2014가합203490
대여금
Text

1. Defendant A’s KRW 24,767,869 as well as 6% per annum from December 5, 2013 to February 11, 2015 to the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company established for the purpose of acting as an automobile installment financing company.

From October 2011, Defendant A had been engaged in automobile loan-related business at the Plaintiff Company, and the Defendant B was the spouse of Defendant A.

B. At the time of entry of Defendant A, the Plaintiff repaid the existing loans of Defendant A amounting to KRW 30 million, and used Defendant A’s loans to repay KRW 20 million at a new bank among October 2010.

Defendant A borrowed money from the Plaintiff from time to time while working for the Plaintiff Company, and the Plaintiff deducted some of the benefits to be paid to Defendant A and appropriated it for payment.

On December 5, 2013, Defendant A entered the details of the loan and repayment from October 8, 2011 to November 10, 2013, and issued to the Plaintiff a detailed statement (Evidence A 4) signed by settling the balance of the loan at KRW 46,301,124.

C. When joining the Plaintiff Company, Defendant A entered into an agreement prohibiting competitive business with the purport that “where Defendant A retires from the Plaintiff Company, he/she shall be employed in the same type of business as the Plaintiff Company’s business and shall prohibit the Plaintiff Company from doing business in the Plaintiff Company.”

Defendant A retired from the Plaintiff Company on March 2014, and at the time, the Plaintiff allowed Defendant A to use the Plaintiff’s transaction code even after the Plaintiff’s retirement to engage in the installment financing business for used cars of the same type as the Plaintiff within C, which are the Plaintiff’s business territory.

On September 23, 2013, Defendant B completed the registration of ownership transfer on the ground of sale and purchase with respect to 101, 110, Da-gu Da-gu Da-dong apartment (hereinafter “instant apartment”) on September 23, 2013, Defendant B completed the registration of ownership transfer on the ground of the said apartment. On the same day, the registration of ownership transfer was completed on the same day with respect to the said apartment, which is the amount of 168

[Reasons for Recognition] Gap evidence Nos. 1, 3, 4, 5, Eul evidence Nos. 2, the purport of the whole pleadings

2. Determination as to the loan claim against Defendant A

A. Evidence No. 4-2

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