대여금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. On September 2014, the Plaintiff received a request from C to lend KRW 200 million to the Defendant Company’s share acquisition fund.
On September 11, 2014, the Plaintiff transferred KRW 200 million to the Defendant via D’s account, but returned KRW 100 million to D’s account on the 17th of the same month, and remitted KRW 50 million to the Defendant on the 19th of the same month.
Before doing the above monetary transaction, the Plaintiff and C met with the Defendant’s representative director, but confirmed the authenticity of the management acquisition agreement claimed by C.
[Ground of recognition] Unsatisfy, each entry of Gap evidence 1 to 6 (including virtual number), and the purport of the whole pleadings
2. The assertion and judgment
A. First of all, as seen in the basic facts, the Plaintiff merely remitted KRW 250 million to the Defendant and received a refund of KRW 100 million to the Defendant, and the remainder of KRW 150 million was not returned. The Defendant asserts that as the borrower or the guarantor’s similar position, the Plaintiff is liable to pay the Plaintiff the borrowed amount of KRW 150 million and the delay damages therefrom.
However, comprehensively taking account of the overall purport of the pleadings, evidence Nos. 1, 2, and 1, 2, and 300,000 won of the shares of the Defendant Company, and upon the request of the Plaintiff, C agreed to acquire KRW 400,000 from the Defendant Company, and requested the Plaintiff to lend KRW 200,000 to the Plaintiff to raise the acquisition fund. < Amended by Presidential Decree No. 2506, Sep. 11, 2014; Presidential Decree No. 25070, Sep. 11, 2014; Presidential Decree No. 25068, Sep. 201, 2014; Presidential Decree No. 25070, Sep. 11, 2014; Presidential Decree No. 25075, Sep. 25, 2014>