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. The Plaintiff’s assertion that the Plaintiff lent KRW 30,000,000 to the Defendant on February 16, 2015, and the Defendant is obligated to pay the Plaintiff a loan of KRW 30,000,000 and damages for delay.
2. Determination
A. According to the evidence evidence No. 1, the Plaintiff is found to have remitted KRW 30,00,000 to the new bank account (Account Number: J) in the Defendant’s name on February 16, 2015, but it is insufficient to recognize that the Plaintiff lent the above money to the Defendant solely based on the statement of evidence No. 1 through 5 and the testimony of the first instance court C and D, and there is no other evidence to prove otherwise.
B. Rather, according to the following facts, each statement in the evidence Nos. 1 through 5 of this case, testimony of witness E of the first instance court, and witness C of the first instance court, the above new bank account in the name of the defendant was used for the deposit and withdrawal of investment money as a deposit account for the implementation of an investment agreement concluded between the plaintiff's husband, F, the defendant, G, and E, and the money deposited by the plaintiff was used as the purchase price of the company's existing shares in accordance with the above investment agreement (as the method of acquiring the company of this case and investing in the company of this case, the number of shares issued and the rate of shares issued are determined by adding new shares to new shares issued after the acquisition of the company of this case). Ultimately, the money remitted by the plaintiff to the defendant seems to be the investment amount paid by F in accordance with the above joint investment agreement.
① On February 5, 2015, F (investment amounting to KRW 150,00,000), Defendant (investment amounting to KRW 200,000,000), G (investment amount to KRW 200,000,000), H (investment amount to KRW 200,000,000), and E (investment amount to KRW 50,000,000) (investment amount to KRW 50,000), which is the husband of the Plaintiff, agreed to invest in the manner of acquiring existing shares and increasing capital.
② On the same day, F entered into a contract between C, E and K, a representative of the shareholders of the instant company, to take over the shares of the instant company as the proxy of the Defendant.
(3) above.