대여금
1. Of the judgment of the court of first instance, the part against the Defendant (Counterclaim Plaintiff) regarding the principal lawsuit shall be revoked, and that part shall be revoked.
1. The Plaintiff transferred KRW 30,000,000 to the Defendant on November 1, 2007.
(hereinafter “Plaintiff 1 remittance”). On April 30, 2009, the Defendant remitted KRW 10,000,000 to the Plaintiff.
On January 3, 2014, the Plaintiff and the Defendant: (a) determined shares in a joint project on January 3, 2014 as 50:50; (b) established D Co., Ltd. (hereinafter “D”) by investing each of 200,000,000 won; and (c) registered the Plaintiff as a representative director and the Defendant as an internal director in the registration record.
There is no change in entry in the registration record of the Council members and the defendant as of the closing date of party members.
On January 3, 2014, the Defendant remitted KRW 100,000 to the Plaintiff.
(hereinafter “Defendant 100 million won transfer.” The Plaintiff and the Defendant, from March 2014 to the amount invested in D, opened Embryp as of March 2014, the Defendant was the president, and the purchase cost, etc. of dental equipment exceeded the initial contribution, the Plaintiff first disbursed the excess in the form of the Ambryp.
On April 30, 2014, the Plaintiff remitted KRW 50,000 to the Defendant.
(hereinafter “Plaintiff 2 remittance”). (hereinafter “Plaintiff 2”), without dispute (based on recognition”), entry in Gap 1, 2, 3, 5, 8, 9, 16, evidence Nos. 22-1, 2, and 23, evidence Nos. 3, 12, and 13, and the purport of the whole pleadings.
2. Determination as to the part concerning the Plaintiff’s primary remittance among the claims filed in the principal lawsuit
A. The actual amount of the Plaintiff’s primary remittance is the loan, and the Defendant did not pay all the amount.
Therefore, the defendant is obligated to pay 30,000,000 won and damages for delay to the plaintiff.
The 1st remittance amount of the plaintiff was transferred from the plaintiff as the investment in art profit-making business.
The Defendant remitted 10,000,000 won to the Plaintiff on April 30, 2009 to the Plaintiff was not able to return part of the remaining amount of investment to the Plaintiff because it did not make a good profit after, and in the sense of returning the remaining amount of investment, the Defendant ordered the Plaintiff to make a F White Doctrine amounting to KRW 50,00,000,000, collected around July 2013.
The actual contents of the tax shall be 10,000,000 won remittance and the grant of the picture.