대여금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
On August 2013, the Plaintiff received a loan of KRW 70 million from a corporate bank, and lent it to the Defendant as CPC opening business loan. The Plaintiff paid 6,817,109 won in lieu of the interest on the loan and the guarantee fee for the Korea Technology Finance Corporation, and received a refund of part of the interest paid in lieu of the Defendant. Thus, the Defendant asserts that the Plaintiff is liable to pay the Plaintiff the interest for delay from the day following the delivery of the complaint to the date of the payment of the remainder of KRW 71,787,34, including the interest paid in lieu of the loan and the guarantee fee for the Korea Technology Finance Corporation.
The fact that the Plaintiff obtained a loan of KRW 70 million from an enterprise bank and remitted the money to the Defendant, and the fact that the interest and guarantee fee for the above loan was paid to the Defendant can be acknowledged according to the respective statements in Gap evidence Nos. 1 and 2 (including the provisional number). However, in light of the following circumstances, the Plaintiff’s representative director D and the Defendant, respectively, agreed to jointly operate the PC bank at a rate of KRW 70 million and KRW 130 million and KRW 65% (the Defendant), and the Plaintiff’s above 70 million and KRW 65% (the Defendant), which appears to have been given to the Defendant in relation to the above agreement, are insufficient evidence to acknowledge otherwise.
(1) The plaintiff argues that he lent KRW 70 million to D and the defendant's joint business. However, in light of the contents of "the answer (Evidence (Evidence (Evidence (Evidence) No. 2) related to the PPC project settlement" in the plaintiff's preparation, etc., the above assertion also cannot be easily applied. Thus, the plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.