대여금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
As the cause of the instant claim, the Plaintiff asserts that the Defendant is liable to pay the Plaintiff interest or delay damages from February 22, 2013, which is the following day after the Plaintiff’s payment period: (a) the Defendant borrowed KRW 75,000,000 from the Plaintiff on August 23, 201; and (b) the sum of KRW 15,000,000 on November 17, 201, and KRW 75,000,000 on November 25, 201; and (c) the Defendant agreed to repay the said loan by November 15, 2012 until February 21, 2013.
According to the evidence evidence Nos. 1 through 3 and 5, the Plaintiff transferred KRW 50,00,000 to C Co., Ltd. with the representative director (hereinafter “Nonindicted Co., Ltd.”) on August 23, 201, and transferred KRW 10,000 on November 17, 201, KRW 15,000,000 on November 25, 201, and KRW 15,000 on November 25, 201. The Defendant borrowed KRW 50,00,000 as the representative director of the Nonparty Co., Ltd. and the Plaintiff as the representative director of the Nonparty Co., Ltd. on August 22, 201.
“The Defendant, as the representative director of the non-party company on November 15, 2012, prepared a letter of payment stating that the Plaintiff would pay KRW 75,00,000 to the non-party company until February 21, 2013.” However, the above fact of recognition alone is insufficient to recognize that the Defendant is the legal principal who borrowed the above KRW 75,00,000 from the Plaintiff, regardless of whether the borrower can be recognized as the non-party company. It is insufficient to find that the Defendant is the legal principal who borrowed the above KRW 75,00,000 from the Plaintiff, and even after examining other evidence submitted by the Plaintiff.
Therefore, the plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.