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 defendant.
1. The Plaintiff asserted that on March 13, 2013, the Plaintiff entered into an agreement with the Defendant to pay the leased principal amount of KRW 300 million and the due date of repayment on March 13, 2016, including the interest and principal, and to pay KRW 5.2 million on March 25, 2016 (hereinafter “instant loan agreement”). Accordingly, the Plaintiff loaned KRW 300 million to the Defendant, including KRW 50,000,000 on March 14, 2013, KRW 40,000,000,000 on March 29, 2013, and KRW 210,000,000 on April 15, 2013.
Since May 22, 2013 to September 23, 2013, the Defendant paid 5,200,000 won to the Plaintiff under the instant loan agreement. However, since October 2013, the Defendant did not pay this up to the day.
Therefore, the Defendant is obligated to pay to the Plaintiff the leased principal of KRW 300 million and damages for delay.
2. Determination
(a)The following facts may be acknowledged by taking into account the following facts and the overall purport of each entry and pleading of Gap evidence 1 to 6, evidence 11 to 14, evidence 17, evidence 22 to 24, evidence 26 to 28, Eul evidence 3, evidence 4-1 to 4, evidence 12 to 14 (including the branch numbers for which the branch numbers are not stated), and evidence 12 to 14 (including the branch numbers).
1) Whether the Defendant is a party) was established on November 16, 2012 as a stock company operating a chartered passenger transport business, and E is a person who is in the position of the Defendant’s auditor and has actually operated the Defendant from the time of its establishment to the date of its establishment.
B) The Plaintiff is an internal director of FF, a company operating a tourist business, and the Plaintiff’s Dong C is the representative director of the Defendant from the time of the establishment of the Defendant to March 28, 2013, and the Defendant’s internal director from that time to December 2, 2013, respectively. (C) as the Defendant’s representative director from March 28, 2013 to December 2, 2013.