대여금 등 청구의 소
1. The judgment of the court of first instance is modified as follows.
Defendant C shall pay 143,00,000 won to the Plaintiff and its related expenses.
1. Facts of recognition;
A. On July 2013, Defendant C proposed to the effect that, at the office of Defendant B Co., Ltd. (hereinafter “Defendant Co., Ltd.”), the Plaintiff (“Defendant Co., Ltd.”), “In the event of purchasing and operating three tourist buses with money from the Plaintiff, the Plaintiff shall pay KRW 1,00,000 per month to the Plaintiff KRW 3 million per month, and the principal shall be repaid five years thereafter.”
B. Accordingly, the Plaintiff from August 6, 2013 to the deposit account in the name of the Defendant Company.
8. From August 201 to August 201, as shown in the table Nos. 1 to 5, 40 million won in total as the purchase cost for high-speed tourist buses, and from August 27, 2013;
9. Until November, 11, a total of KRW 100 million was remitted as the purchase cost of new tourist buses as shown in the table Nos. 7 through 16 attached hereto.
C. Meanwhile, Defendant C received the aforementioned sum of KRW 40 million from the Plaintiff as the expense for purchasing a middle and high tourist bus, and thereafter, Defendant C loaned KRW 5 million as necessary at the expense for coloring the middle and high tourist bus newly purchased by the Plaintiff, and received KRW 5 million from the Plaintiff to the national bank account in the name of the Defendant Company, as shown in [Attachment 6] No. 6 of August 9, 2013.
However, at the time of receiving the above money from the Plaintiff, Defendant C was in a bad credit position, and the Defendant Company was in a situation where it was not sufficiently able to obtain a loan from a financial institution, such as a bank, etc., due to the capital erosion.
In addition, the defendant C had no intention or ability to pay the plaintiff the proceeds or principal because it was planned to use the corporation's operating expenses or debt repayment, not to purchase tourist buses with the money from the plaintiff.
E. Defendant C shall pay most of the funds received from the Plaintiff, such as operating expenses and debts of the company.