약정금
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
1. Facts of recognition;
A. Upon receipt of a request from C to lend funds to meet the personnel expenses, etc. of his/her company, the Plaintiff transferred KRW 9 million to C on April 1, 2013. On the same day, the Plaintiff, a debtor of the Plaintiff, transferred KRW 6 million to C, and leased KRW 15 million in total to C.
B. C received a request from H, the actual manager of B, for investment of KRW 50 million in relation to a housing redevelopment project of F, the Busan F, F, and thereafter proposed that B shall return KRW 100 million to the Plaintiff if the Plaintiff lends KRW 50 million in relation to the housing redevelopment project of this case to B.
Accordingly, on October 2, 2013, the Plaintiff remitted KRW 10 million to C, and had E transfer KRW 10 million to E on the same day, and the Plaintiff’s other loan debtors, to C, respectively. Meanwhile, on April 1, 2013, the Plaintiff transferred KRW 20 million to C. < Amended by Act No. 11747, Apr. 1, 2013>
A. As stated in paragraph (1), the Plaintiff agreed to include KRW 15 million out of the total amount of KRW 15 million to the Defendant as loans to B, and the Plaintiff agreed to lend KRW 50 million in total to B.
C. C is against the Plaintiff.
After receiving KRW 50 million as stated in Paragraph B, B remitted KRW 50 million on October 7, 2013, KRW 10 million on October 31, 2013, and KRW 50 million on November 21, 2013.
On the other hand, on October 5, 2013, B (Representative C), C, and D borrowed KRW 100 million from the Plaintiff as of June 4, 2014 without interest, and C and D made and issued a certificate of borrowing (hereinafter “the certificate of borrowing of this case”) with the content that C and D jointly and severally guaranteed the Plaintiff’s debt owed to the Plaintiff.
[Reasons for Recognition: Facts without dispute, Gap evidence 1, Eul evidence 3-1 to 5, Eul evidence 1, Eul evidence 3-3, Eul evidence 4-1, the result of the first instance defendant's questioning conducted by the defendant C in the first instance, the testimony of the witness C in the trial, and the purport of the whole pleadings]
2. Determination on the cause of the claim
A. The above facts of recognition.