대여금 등
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The summary of the Plaintiff’s assertion is a stock company established around November 14, 201 with capital of KRW 50,000,000 and established around November 14, 201. The Defendant, a single shareholder and a representative director at the time of its establishment, borrowed the above capital from the Plaintiff as provisional payment, and thus, the Defendant is obligated to return KRW 50,000,000 to the Plaintiff.
2. According to the records in Gap evidence No. 3, the fact that the defendant confirmed that the whole amount of the plaintiff's capital was adjusted as the representative's provisional payment when entering into an agreement related to investment and joint management with C on April 6, 2012 with C on the part of the defendant. However, it is unclear whether the defendant, the representative, borrowed the above capital in the purport that the amount of the plaintiff's capital is adjusted as the representative's provisional payment according to the plaintiff's financial statements, and there was no agreement on the method of dealing with the return, etc. of the above provisional payment at the time of entering into the above agreement, and the above agreement is not concluded between the defendant and the plaintiff. In light of the above facts, it is insufficient to recognize that the defendant borrowed KRW 50,00,000 from the plaintiff, and there is no other evidence to prove otherwise.
3. In conclusion, the plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.