대여금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The Plaintiff and the Defendant (Appointed Party; hereinafter “Defendant”) invested 20% shares in D, E, and F, and established G Co., Ltd. (hereinafter “Appointed”) with the Defendant’s birth, and H are the Defendant’s wife, and H are the Defendant’s wife.
B. On April 29, 2004, the Appointer lent KRW 100 million to Samdos Co., Ltd. (hereinafter “ Samdos”) on May 31, 2004 with the maturity of KRW 100 million and interest monthly (hereinafter “the first lending”), and the Defendant, etc., via the Plaintiff, lent KRW 40 million to Samdos Co., Ltd., Ltd. (former trade name: Switzerland, Inc., Ltd.; hereinafter “Mastcop”) and the subsidiaries thereof, KRW 100 million to the third-party company (hereinafter “the second lending”), and the designated parties provided KRW 100 million to the third-party company on October 25, 2005 with the interest payment period of KRW 100 million as security, and the Defendant, etc. provided 100 million to the third-party company on December 31, 2001 with the interest payment period of KRW 180,000 on October 26, 2005.
(hereinafter referred to as “third lending of this case”). (c)
On the other hand, on June 15, 2004, the Plaintiff invested KRW 20 million in the loan No. 1 of this case between the Defendant, etc. and the Plaintiff, but the Defendant, etc. agreed to settle accounts by applying the period and equity ratio when principal and interest are recovered (hereinafter “instant agreement”).
[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2, Gap evidence 4-1, Eul evidence 2, 7, and 8, the purport of the whole pleadings
2. The Plaintiff’s assertion that the Defendant, etc. collected the total amount of KRW 500 million in relation to each of the instant loans. As such, KRW 100 million (= KRW 500 million x 20%) corresponding to the Plaintiff’s investment shares should be paid. Since the settlement amount that the Defendant, etc. paid to the Plaintiff is KRW 49.5 million, the Defendant, etc. is jointly and severally liable to pay the Plaintiff the difference amounting to KRW 505 million ( = 10 million - 49.5 million) and damages for delay.
3. The Plaintiff’s judgment of this case.