차용금
1. The plaintiff's appeal and the conjunctive claim added in the trial are all dismissed.
2. After an appeal is filed.
1. Basic facts
A. The defendant is the person who was under the supervision of the plaintiff at the Young-gu Department of D High School.
From July 2009, the Defendant operated “E” as a personal business chain in order to carry on the business of manufacturing and selling subscription supplies. The Defendant invested KRW 150 million in the management around July 3, 2009 and participated in the management of D High School’s dong residents, who were the cocoin of the camping districts of D High School, around July 3, 2009. K invested KRW 10 million around July 22, 2009, but did not participate in the management.
B. Meanwhile, F, the spouse of the Plaintiff, was given a loan of KRW 100 million at a financial institution, and the Plaintiff’s first investment date was around September 30, 2009, even if the Plaintiff’s first investment date was around September 30, 2009, as argued by the Defendant, after 20 and 3 months from the investment date of I and K.
On November 6, 2009, the Defendant transferred KRW 100 million to the Defendant’s bank account (Account Number C, hereinafter “Korea bank account”), and on November 10, 2009, the amount of KRW 10 million was transferred from the Plaintiff’s bank account to the Plaintiff’s national bank account on November 10, 2009.
The plaintiff also recognized it through the preparatory brief dated June 18, 2015, which was submitted by the trial court.
C. For the operation of E, the Defendant used the IBK Enterprise Bank Account (Account Number L; hereinafter “Corporate Bank Account”) and the Korean Bank Account (Account Number M; hereinafter “Korean Bank Two Accounts”).
There is no indication that KRW 100 million has been deposited on November 6, 2009 in the payment of money prepared by the I who was in charge of the accounting affairs of E (hereinafter referred to as “payment of money”).
[Ground of recognition] Facts without dispute, Gap evidence 1 (including paper numbers), Eul evidence 1, Eul evidence 7 through 9, the purport of the whole pleadings
2. Judgment as to the main claim
A. The plaintiff's assertion that the defendant requested the plaintiff to lend the business fund for the operation of E.
The plaintiff first rejected the defendant's request, but the defendant.