대여금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. Nonparty C Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”) entered into an entrusted operation agreement with the Incheon Free Economic Zone Authority on Apr. 20, 2015 regarding E., and Nonparty F, the representative director of the Plaintiff, (hereinafter “F”) agreed to make an investment in the business as a business partner of the Nonparty Co., Ltd., a high-speed line, to operate the said business (hereinafter “instant business”). On Aug. 27, 2014, the Plaintiff changed the Plaintiff’s trade name to G Co., Ltd. and registered F and the Defendant as a joint representative director.
B. On September 2, 2014, the Plaintiff remitted KRW 6,806,100, KRW 3,657,330, respectively, to Nonparty I and J (hereinafter “first remittance”); ② on September 15, 2014, KRW 10,000 to the Defendant (hereinafter “second remittance”); ③ on October 6, 2014, KRW 6,805,90, KRW 3,657,130 to H, respectively (hereinafter “third remittance”).
C. On October 6, 2014, the Defendant stated that “the first loan certificate (hereinafter “the first loan certificate”) dated September 2, 2014 and “the second loan certificate (hereinafter “the second loan certificate”) dated 20,000,000,000” as “the second loan certificate (hereinafter “the second loan certificate”) dated 6, 2014”) stating that “the loan certificate as of September 2, 2014 is borrowed with the same letters as “the loan certificate as of October 6, 2014.”
A) signed in writing and delivered to F. [based on recognition] the fact that there is no dispute, Gap evidence 1 to 4 (which may include each number; hereinafter the same shall apply).
No. 2. Each entry of No. 2 and the purport of the whole pleading
2. The parties' assertion
A. The Plaintiff’s assertion was made to invest in the instant business by deceiving the Defendant, and at the time of discontinuance of the said business in order to prevent any further loss, the Plaintiff paid for the Plaintiff to H et al. (the first and third transfers) on behalf of the Defendant’s employees, and directly lent (the second transfers) to the Defendant (the second transfers).