대여금
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
1. Facts of recognition;
A. The defendant is the representative of C corporation.
B. Around August 1, 2012, the Plaintiff: (a) determined part of the amount of KRW 15,000,000 for sub-lease deposit, KRW 2,100,000 for rent, and the period from August 1, 2012 to August 1, 2014.
If the name of the sub-lease on the same day is a juristic person, the Plaintiff was determined to be likely to make it difficult to recover the deposit for sub-lease and received a loan certificate (Evidence A 2) as shown in the attached Form.
C. The Plaintiff deposited KRW 2,00,000,000 as of July 31, 2012, and KRW 13,000,00 as of August 6, 2012 into the Defendant’s account.
On July 2014, the Plaintiff transferred the subject matter of sub-lease to C Co., Ltd.
[Reasons for Recognition] The facts without dispute, Gap evidence Nos. 1 through 4, and the purport of the whole pleadings [Judgment on the grounds of evidence No. 2] The defendant asserts that the evidence No. 2 (Evidence) was forged, and the authenticity of the appeal is claimed.
In light of the following, Gap evidence No. 2 contains the defendant's address and resident registration number that the plaintiff could not know, the specific contents such as the payment of interest, and the corporate seal of C which the plaintiff could not secure is affixed, the authenticity of the above document can be recognized.
2. As to the assertion and determination of the Plaintiff’s claim against the Defendant, the Defendant asserted that the Plaintiff’s claim is unjustifiable on the ground that C bears the duty to return the sublease deposit as a sub-lease; the Defendant was a representative only under the name upon the request of ASEAN; the sub-lease deposit and the difference deposited into the Defendant’s account are re-transfered to C’s account; and the above loan certificate are affixed with the Defendant’s corporate seal impression which is not the Defendant’s seal impression.
As seen earlier, the Plaintiff deposited the sub-lease deposit into the Defendant’s account, and the Defendant is an individual in the content and form of the above loan certificate.