대여금
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. Basic facts
A. The Plaintiff and the Defendant established C (hereinafter “C”) on May 2, 2001, and the Plaintiff was the representative director of C from May 2, 2001 to September 25, 2006.
The defendant was in preparation for election by going through the local election around May 2006.
B. The Plaintiff instructed C’s accounting to the effect that “The Defendant’s female E in cash and KRW 85,00,000 from the agricultural cooperative account (G; hereinafter “instant account”) under the Plaintiff’s name F, the Plaintiff instructed C to the effect that “The passbook, painting, etc. of the instant account is opened so that the Plaintiff may collect KRW 15,00,000 from the agricultural cooperative account (G; hereinafter “instant account”).”
D on May 9, 2001, 15,000 won in cash and the passbook and seal of the account in this case were opened to E on May 9, 2001.
C. E withdrawn KRW 135,00,000 from the account of this case on May 9, 2001, and brought KRW 150,000,000, including the above KRW 15,000,00.
Among them, 100,000,000 won was deposited into the Defendant’s mother’s H’s deposit account, and it was transferred to the next Defendant’s revenues account, and 50,000,000 won was arbitrarily lent to a third party.
[Reasons for Recognition] Facts without dispute, Gap 1, 3, 4, Eul evidence 3, witness E of this court, witness of this court, witness of Eul and the purport of the whole pleadings
2. Determination on the cause of the claim
A. On May 2006, the Plaintiff received a request from the Defendant to lend money for election funds.
At the time, the Plaintiff lent KRW 100,000 to the Defendant, and agreed to receive a return after the completion of the local election that was scheduled to be held on May 31, 2006.
On May 9, 2006, the Plaintiff expected to pay KRW 85,000,000 to E through D, respectively, and delivered KRW 15,000,000, in cash, to E.
However, E withdrawn KRW 135,00,000 from the account of this case on the same day, and on May 16, 2006, the Plaintiff asserted this fact to the Defendant.
Accordingly, the Defendant requested that the Plaintiff lend the full amount of KRW 150,000 to the Plaintiff, and the Plaintiff consented thereto.
Therefore, the defendant is an election fund to the plaintiff.