beta
Text
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Basic facts
A. The Plaintiff worked as an employee of the Defendant from September 4, 2015 to July 18, 2017.
B. On October 13, 2015, the Plaintiff remitted KRW 30,000,000 to the Defendant’s representative director’s account, and KRW 20,000,000 to the Defendant’s E’s account, an employee in charge of the Defendant’s accounting, on May 16, 2016. On September 14, 2015, the Plaintiff remitted KRW 6,00,000 to D’s account under the name of the Defendant (hereinafter “instant siren”) as the deposit amount, and paid KRW 1,00,000 in cash.
C. Upon the Plaintiff’s resignation on July 18, 2017, the Defendant terminated the rental contract of the instant siren around December 2017 and paid to the Plaintiff KRW 5,695,60 [The amount of KRW 7,00,000 in the instant siren deposit - the mutual aid amount of KRW 1,304,40 in penalty (= penalty of KRW 1,128,80 in the amount of KRW 75,60 in the amount of KRW 1,60,00 in the amount of KRW 1,30 in the amount of KRW 1,304,00 in the amount of KRW 75,60 in the amount of loan)].
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 7 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings
2. The parties' assertion
A. Upon the request of the defendant B, who is the actual representative of the defendant, the plaintiff alleged that the plaintiff lent 50,000,000 won in total to the defendant for the management of the company, and 7,000,000 won as the deposit money for the siren of this case.
However, the Defendant did not repay the above loan KRW 50,000,000, and only returned KRW 5,695,600 among the loan KRW 7,00,000,000, and did not repay the remainder of KRW 1,304,400. Thus, the Defendant is obligated to pay the Plaintiff a total of KRW 51,304,40 (i.e., loan KRW 50,000,000) and damages for delay.
B. The plaintiff alleged by the defendant has invested KRW 30,00,000 in the defendant, and KRW 20,000,000 in G operated by F, and it does not lend the above money to the defendant.
In addition, this case's siren was contracted for the plaintiff's work at the plaintiff's request, and it is the wind for the plaintiff to leave without permission.