대여금
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. The plaintiff and the plaintiff asserted that the defendant concluded a monetary loan agreement with the defendant on November 28, 2005 because it is necessary to operate funds for business operation on November 28, 2005, and that the maturity was set at 2,00,000 won after the loan date, the defendant asserted that the present representative director C was appointed on November 2007, and that the plaintiff, who worked as the former representative director, deposited KRW 10,000,000 to the company's account does not lend it, even if it was leased, and that the lawsuit of this case was extinguished after the lapse of 5 years from the loan.
2. In full view of the overall purport of the pleadings in Gap evidence No. 1, the court below held that the remitter was transferred 10,000,000 won to the defendant's Nonghyup Bank account as the plaintiff on Nov. 28, 2005 by account transfer, but there is no evidence to acknowledge that the plaintiff was lent. Even if the money was leased, five years (in full view of the purport of the entire pleadings in the statement No. 2 of the evidence No. 1, the defendant lent the money to the defendant's business operation when it is necessary even according to the plaintiff's claim, and even if the plaintiff's claim was made at the complaint, the defendant lent the money to the defendant's business operation as a whole, and the money was paid in accordance with the same business contract and the performance note in the briefs of March 11, 2016. Thus, regardless of whether the defendant actually used the money for business operation funds, the claim for return of the loan claim under the Commercial Act is a period exceeding five years after the expiration of the extinctive prescription period.
3. The plaintiff's claim of this case is dismissed as it is without merit.