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(영문) 서울서부지방법원 2018.08.29 2017가단42
기타(금전)
Text

1. The Defendant’s KRW 134,865,50 for the Plaintiff and KRW 5% per annum from April 26, 2017 to August 29, 2018.

Reasons

1. Basic facts

A. The Plaintiff was registered from December 2015 to September 2016 under the jurisdiction of the Non-Party Dispute Resolution Co., Ltd., but actually worked as an employee of the Defendant Company (motor vehicle transaction business). From December 8, 2015 to September 21, 2016, the Plaintiff deposited the total amount of KRW 346,742,00 in total from the E Association account in the name of the Plaintiff ( referred to as “Plaintiff”) as shown in attached Table 1, to purchase the middle and high vehicles of the Defendant Company.

Plaintiff

Of the allegations, each deposit amount of KRW 3,500,000 for O on March 11, 2016 and KRW 1,400,000 for P on April 5, 2016 (No. 51) was received by the Defendant Company, and the Plaintiff did not actually submit evidentiary data, while the Plaintiff was willing to submit the evidentiary data. This does not include each of the above deposits, since there is no ground to recognize it as deposit with the Defendant Company.

B. The defendant company is the defendant company.

As described in paragraph (1), the company purchased used money from the Plaintiff and sold it. From December 2015 to September 11, 2016, the Defendant Company’s representative director deposited KRW 216,876,50 in total to the Plaintiff via the said D account, as shown in attached Table 2.

In addition to the above amount, the defendant company asserted that it paid more than KRW 504,00 on May 25, 2016, and KRW 5,621,00 on June 21, 2016. However, the plaintiff denies it. However, in light of the fact that the above KRW 504,00 on each transaction record was deposited under the name of "competing unit cost" and the above KRW 5,621,00 on the basis of "one-seven day settlement", these are deemed to be different from each of the above money paid under the name of "one-seven day settlement", and the above argument by the defendant is difficult to accept.

C. From the Plaintiff’s I bank account to October 4, 2016, the sum of KRW 2,770,000 (2,550,000 220,000) is the said F account; KRW 723,380 on October 5, 2016 is the J account; KRW 8,810,39 on October 5, 2016 from the Plaintiff’s G bank K account to the J bank L bank account; KRW 8,810,39 on October 5, 2016 from the Plaintiff’s G bank M account to the J bank M account; and KRW 5,50 on October 5, 2016 from the Plaintiff’s G bank M account to the J bank M account.

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