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(영문) 서울고등법원 2014.11.12 2013나28447

대여금

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

Judgment of the first instance.

Reasons

1. Basic facts

A. The Defendant is the representative director of C Co., Ltd. (hereinafter “C”) that provides online game development and provision services, and the Plaintiff was in charge of raising C’s 23% shares as of July 201 as of the Plaintiff’s separate name, “G”, the Plaintiff’s English name, or shareholder and marketing director or vice president holding in the name of J as the Plaintiff’s wife.

B. Around August 2008, the Plaintiff issued to the Defendant a bill of KRW 10 million, one cashier’s check issued by the Bank of Korea, 11,000 won cashier’s check issued by Han Bank, 10,000 won cashier’s check issued by Han Bank, 10,000 won cashier’s check issued by Han Bank, and 8 cashier’s check of KRW 10,000,000 in Korea (hereinafter “instant bill”) to the Defendant.

Each of the above cashier's checks was deposited on August 19, 2008 and August 20, 2009 in C's corporate account (the Bank, the Account Number D).

[Ground of recognition] The absence of dispute, each entry of Gap evidence 2 through 4 (including the number of branches; hereinafter the same shall apply), the court of the first instance, the result of each order to submit financial transaction information to the Bank, Han Bank, Han Bank, Korea Bank, and the Industrial Bank of Korea, as a result of the entire pleadings

2. The parties' assertion

A. On August 2008, the Plaintiff’s assertion was requested by the Defendant to lend KRW 300 million to the Defendant as a share purchase fund for the game developer E Co., Ltd. (E) (hereinafter “E”), and around that time, the Plaintiff lent KRW 300 million to the Defendant by delivering KRW 10 million check.

At the time of the above loan, the Defendant agreed to return KRW 300,000 to the Plaintiff when purchasing and keeping the shares of KRW 300,000,000.

Since the defendant sold all the shares of E around 201, the plaintiff is obligated to return to the plaintiff KRW 23.5 million after deducting KRW 66.5 million from the purchase price of shares of this case from the total amount of KRW 300 million.