대여금
1. Defendant B’s KRW 50,000,000 and, with respect thereto, KRW 5% per annum from January 11, 2016 to May 12, 2017, and the following.
1. Basic facts
A. Defendant B operated E, and Defendant C and D (hereinafter “Defendant C”) were its employees.
B. On October 13, 2015, Defendant B borrowed KRW 5 million from Defendant C, and repaid the Plaintiff’s debt with the borrowed money.
C. Although Defendant B demanded that the Plaintiff repay the above loan amount of KRW 5 million to Defendant C, Defendant B loaned the loan amount of KRW 5 million to the Plaintiff, the Plaintiff refused to lend the loan to Defendant B with the belief that it would not be trusted.
Defendant B, along with Defendant C, sought the Plaintiff and explained the E status of operation and requested for the lending of money.
Although the Plaintiff demanded Defendant C, etc. to guarantee the guarantee, Defendant C, etc. refused to guarantee the guarantee.
The Plaintiff explained the E’s plan to attract and operate a third party E from the Defendants.
On November 11, 2015, the Plaintiff remitted KRW 3 million to the Defendant C’s account, and the Plaintiff sent to the Defendant B a loan certificate stating “5 million won, Defendant B, Defendant B, and Defendant C, etc.” (Evidence A 1) from November 11, 2015 to January 10, 2016, and Defendant C, etc.
Defendant B affixed a seal on the debtor column of the loan certificate, but Defendant C et al. did not affix the seal to the guarantor column.
When the Plaintiff received a loan certificate from the Defendant C, etc. without affixing the seal, the Plaintiff demanded the Defendant C to return KRW 3 million, and the Defendant C refused to return the money to another place.
The plaintiff would lend the remaining 2 million won to the defendant B, and the defendant B would deliver each letter (the evidence No. 2 of this case; hereinafter the "each letter of this case") prepared by the defendant C, etc. to the plaintiff, and each letter of this case "The head of the E Company C and D will make the plaintiff lend to the plaintiff for the loan to the plaintiff and repay the principal loan within two months, and will be responsible for the failure and be repaid with the thickness of the representative of E Company B."