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Reasons
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(영문) 서울서부지방법원 2018.05.18 2017가단16481
차용금
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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The plaintiff was employed in the accounting work of the restaurant operated by the defendant.

B. The Plaintiff transferred the Defendant’s account KRW 10 million to December 16, 2015, ② KRW 500,000 on the 17th day of the same month, ③ KRW 1450,000 on the same day, ④ KRW 500,000 on the 25th day of the same month, ⑤ KRW 2 million on the 28th day of the same month, and KRW 6,935,00 on the 29th day of the same month.

[Reasons for Recognition] Unsatisfy, Eul's entry in the evidence 1-1 and 2, the purport of the whole pleadings

2. As to the Plaintiff’s loan claim

A. The Plaintiff’s assertion 1) around December 2015, the Defendant loaned KRW 30 million to the Plaintiff the monthly rent, etc. of the leased building. (2) The Plaintiff deposited KRW 25 million (or KRW 25.9 million) to the Defendant in the account, and KRW 5 million (or KRW 4.1 million) was not paid monthly salary for December 2015.

3) The Defendant shall return to the Plaintiff the above loan amount of KRW 30 million. (b) The Defendant’s right to purchase the shares of the Plaintiff, which is the Plaintiff, to the Defendant. The Plaintiff, the Plaintiff, who was the net interest and the Plaintiff, was entitled to invest KRW 30 million in the Plaintiff’s investment and divided profits and losses, and the Plaintiff was also entitled to use KRW 30 million in the stock purchase fund. (c) The Defendant did not have borrowed KRW 30 million from the Plaintiff. (d) The fact that the Plaintiff transferred all of the Defendant’s accounts to the Defendant in December 2015, KRW 29,350,000 to the Defendant’s account on six occasions is recognized as seen earlier, but it is difficult to conclude that the said fact alone disregards the Defendant’s dispute, and it is difficult to confirm that the Plaintiff lent KRW 25 million (or KRW 25,90,00) to the Defendant.

The Plaintiff’s assertion of this part of the loan is insufficient.

2) The Plaintiff loaned the money to the Defendant on the ground that the Plaintiff did not receive the monthly salary of KRW 5 million (or KRW 4.1 million) from the Defendant, and that the Defendant did not receive the salary of KRW 4.1 million.

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