대여금
1.The judgment of the first instance, including a claim modified in the trial, shall be modified as follows:
The defendant.
A. The Defendant, through the Internet site, was aware of the Defendant’s establishment of an elementary school, and the Defendant planned a mobile advertising business using QR CODE in around 201, and sent the business plan to the Plaintiff, and discussed the Plaintiff and the instant advertising business from time to time.
B. On May 5, 2011, the Defendant sent to the Plaintiff e-mail accompanied by the “business investment proposal” against the Plaintiff Company D (hereinafter “Nonindicted Company”). The investment method described in the said proposal is as follows.
1. Investment by direct investment method of existing infrastructure (H)-based investment method 100 million capital * Investment by the representative director of investors * Securing investment shares and dividends after joint management in the future * 500 million capital 100 million capital 50 million won after the remainder is used as expenses for the maintenance of development expenses, office equipment and website, and the operation expenses before profit-generating and development expenses and the secondary business reserve;
2. Indirect Investment Method* Investment 100 million capital of an existing infrastructure (H) * Selection and appointment of a representative director of an investor* Guarantee of investment shares and dividends * Principal Recovery Date under 100 million capital shall be agreed on the last day of the year.
* KRW 50 million out of capital KRW 100,000 shall be operational expenses, 50,000,00 won in remaining amount shall be used as development costs and shall be repaid in priority
*The decision of securing of equity shares and dividends after the incorporation of a juridical person shall be made in accordance with the circumstances.
C. On May 11, 201, the Plaintiff transferred KRW 30 million to the bank account in the name of the Defendant-friendly C, KRW 50 million on May 18, 201, KRW 50 million on May 18, 2011, and KRW 50 million on May 20, 201, to the Defendant in relation to the said advertising business, and paid KRW 130 million in total to the Defendant in relation to the said advertising business.
On May 30, 201, the Defendant established a non-party company with the purpose of mobile advertising mainly with the capital of KRW 100 million and KRW 400,000 of the total issued shares. At the time of incorporation, the Plaintiff’s register of shareholders of the non-party company was 49,000 shares (amounting to KRW 49,000), E, the representative director of the non-party company, was 21,000 shares (amounting to KRW 21,000), and F was 20,000 shares (amount to KRW 20,000).