대여금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The Plaintiff’s assertion transferred KRW 100 million to the corporate account of C (hereinafter “C”) around September 2012 (the Plaintiff transferred KRW 150 million to C, as seen below, and the Plaintiff was returned KRW 50 million from C). Since the said KRW 100 million was transferred from C to the Defendant’s account as its representative director, and used for the Defendant’s personal purpose, the Plaintiff’s actual debtor is the Defendant.
In addition, C has the external form of corporation, but in substance, C is only the defendant's personal company which is the representative director, and C should be denied.
Therefore, the defendant is obligated to pay the above KRW 100 million and damages for delay to the plaintiff.
2. Determination
(a) Facts below the basis may be found either in dispute between the parties or in full view of the respective entries and arguments set forth in Gap evidence Nos. 2 and 3.
1) On September 7, 2012, the Plaintiff remitted KRW 150 million to the corporate account of C, and C transferred KRW 100 million to the Defendant’s account on October 10, 2012. (2) The Plaintiff was refunded KRW 50 million out of the above KRW 150 million from C on October 19, 2012, and around that time, D (C’s auditor) and E’s debt of KRW 100 million to the Plaintiff (i.e., KRW 150 million returned to the Plaintiff - KRW 50 million returned to the Plaintiff) (hereinafter “the obligation of the instant loan”).
3) The Defendant is the representative director of C. B. The fact that the obligor of the instant loan debt prior to the determination on the assertion that the Defendant is the Defendant is insufficient to recognize that the Plaintiff lent the above KRW 100 million to the Defendant, and there is no other evidence to acknowledge it. Rather, in full view of the entire arguments in each description including the serial number, the Plaintiff seeks to pay the loan and the joint and several guarantee amount of KRW 100 million against the Daegu District Court Branch C, D, and E on October 2, 2013.