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Reasons
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(영문) 울산지방법원 2017.08.31 2016가단3729
양수금
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1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff is the owner of D Co., Ltd. (hereinafter “D”), and Defendant B is a person who works in D.

B. D around December 2015, Defendant C, the children of Defendant B, sold 101 Dong 202 (hereinafter “instant apartment”) to the Seoul Gwangjin-gu Seoul Special Metropolitan City E Apartment 101 Dong 202 (hereinafter “instant apartment”) at the price of KRW 330 million.

D and the Defendants agreed to pay only KRW 200 million out of the sale price, and the remaining KRW 133,00,000,000 from January 1, 2006 to December 31, 201 to Defendant B without interest, in relation to the method of payment of the sale price. However, during the above service period, Defendant B agreed to pay 1/6 of the principal at the special bonus for Defendant B during the above service period.

Defendant B paid the above KRW 200 million to D, and Defendant C guaranteed the above loan obligation against Defendant B’s D.

C. On May 10, 2006, Defendant B drafted a monetary loan agreement with the Plaintiff on May 10, 2006 to the KB National Bank Account (Account Number F) in its own name, each of which was transferred KRW 6 million from D on May 19, 2006, and KRW 24 million from D on May 19, 2006, and between D and D on May 19, 2006, “D shall grant a loan with interest rate of KRW 5.8% per annum, and as of May 30, 2010.”

On August 30, 2006, the Plaintiff deposited KRW 163 million in the account in the name of Defendant B (Account Number G; hereinafter “instant bank account”). On August 30, 2006, the Plaintiff transferred KRW 130 million out of the said KRW 163 million to the account in the name of each of D on August 31, 2006.

[Ground of recognition] Facts without dispute, Gap 1 through 5 evidence, Eul 1, 3, and 7 evidence, the purport of the whole pleadings

2. The assertion and judgment

A. On August 30, 2006, the Plaintiff asserted the assignment of 100,000 million won as of August 30, 2006, deposited KRW 163 million to the Defendant B’s account, and made Defendant B pay it to D. The Plaintiff received the loan claim amounting to KRW 163 million from D.

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